SC asks states/UTs to decide on plea seeking to conduct yatras on poll awareness
The bench was told that such orders prohibit all kinds of assemblies, meetings and demonstrations during the duration of elections.
Rejecting a PIL seeking the framing of rules to regulate the composition of benches, including constitution benches, and allocation of work, the Supreme Court on Wednesday said the Chief Justice of India (CJI) is the “first among equals” and has the constitutional authority to decide allocation of cases and setting up of benches to hear them.
Junking the PIL by advocate Asok Pande, a bench of Chief Justice Dipak Misra, Justice AM Khanwilkar and Justice DY Chandrachud said the CJI was the head of the institution and administrative authority was vested in him for smooth functioning of the top court both on judicial and administrative matters.
Pronouncing the judgment, Justice Chandrachud said as the head of the institution there could not be a presumption of distrust in the Chief Justice.
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Justice Chandrachud, writing the judgment for the bench, referred to constitutional schemes and said “the Chief Justice of India is first among equals and has the authority to decide allocation of cases and setting up of benches”.
Since the CJI is a high constitutional functionary, there cannot be “any distrust about the responsibilities he discharges” to ensure that the Supreme Court to carries out the work required under the Constitution, the order stated.
The PIL was filed in the backdrop of the January 12 press conference held by senior-most apex court judges including Justice J Chelameswar, Justice Ranjan Gogoi, Justice Madan B Lokur and Justice Kurian Joseph, in an unprecedented event.
The judges had alleged improper allocation of cases by the CJI.
The PIL was filed by Ashok Pande seeking guidelines for the Supreme Court and all the high courts on the allocation of cases and the setting up of benches.
(With agency inputs)
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