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SC dismissed PIL seeking laying down of principles in allocation of cases (Read Judgment)

by Legal DesireApril 11, 2018

A bench comprising Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud dismissed a PIL seeking framing of guidelines for rational and transparent allocation of cases and constitution of benches to hear them.

The Bench while dismissing the petition said:

In the allocation of cases and the constitution of benches, the Chief Justice has an exclusive prerogative. As a repository of constitutional trust, the Chief Justice is an institution in himself. The authority which is conferred upon the Chief Justice, it must be remembered, is vested in a high constitutional functionary. The authority is entrusted to the Chief Justice because such an entrustment of functions is necessary for the efficient transaction of the administrative and judicial work of the Court. The ultimate purpose behind the entrustment of authority to the Chief Justice is to ensure that the Supreme Court is able to fulfill and discharge the constitutional obligations which govern and provide the rationale for its existence. The entrustment of functions to the Chief Justice as the head of the institution, is with the purpose of securing the position of the Supreme Court as an independent safeguard for the preservation of personal liberty. There cannot be a presumption of mistrust. The oath of office demands nothing less.

 

Read here full judgment:

 

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