The Chief Justice of India is the master of the roster and has the prerogative to constitute benches and allocate cases, ensuring the smooth functioning of the court.

ORDER :

Today when the matter was listed before a two-Judge Bench, comprising of Hon’ble Mr. Justice A.K. Sikri and Hon’ble Mr. Justice Ashok Bhushan, the following order was passed:-

“Mr. Prashant Bhushan, learned counsel has brought to our notice order dated 09.11.2017 passed in W.P(Crl.) No.176/2017 referring the matter to the Constitution Bench. Let the matter be placed before Hon'ble the Chief Justice for passing appropriate orders for listing this matter.

Mr. R.S. Suri, senior advocate/President, Supreme Court Bar Association (SCBA) submits that SCBA also wants to get itself impleaded as a party respondent and render assistance. On an oral request of Mr. Suri, the prayer is allowed and the SCBA is impleaded as a party respondent.”

2. After perusal of the aforesaid order, it was thought appropriate by the Chief Justice of India to constitute a Constitution Bench and, accordingly, the matter has been placed before us.

3. It is submitted by Mr. P.S. Narasimha, learned Additional Solicitor General, Mr. R.S. Suri, Mr. Ajit Kumar Sinha, Mr. R.P. Bhatt, Mr. Ashok Bhan, learned senior counsel, Mr. Gaurav Bhatia and Mr. Gopal Singh, learned counsel, along with other counsel that as per the judgment rendered by the three-Judge Bench in State of Rajasthan vs. Prakash Chand and Others (1998) 1 SCC 1, the Chief Justice of the High Court is the master of the roster and there is no justification not to treat the Chief Justice of India, who is the Chief Justice of the Apex Court, to have the same power. If the same principles are not followed, the institution cannot function. Our attention has also been drawn to Order VI Rule 2 of the Supreme Court Rules, 2013, which reads as follows:-

“2. Where in the course of the hearing of any cause, appeal or other proceeding, the Bench considers that the matter should be dealt with by a larger Bench, it shall refer the matter to the Chief Justice, who shall thereupon constitute such a Bench for the hearing of it.”

4. In Prakash Chand (supra), the Court stated thus:-

“From the preceding discussion the following broad CONCLUSIONS emerge. This, of course, is not to be treated as a summary of our judgment and the conclusion should be read with the text of the judgment:

(1) That the administrative control of the High Court vests in the Chief Justice alone. On the judicial side, however, he is only the first amongst the equals.

(2) That the Chief Justice is the master of the roster. He alone has the prerogative to constitute benches of the court and allocate cases to the benches so constituted.

(3) That the puisne Judges can only do that work as is allotted to them by the Chief Justice or under his directions.

(4) That till any determination made by the Chief Justice lasts, no Judge who is to sit singly can sit in a Division Bench and no Division Bench can be split up by the Judges constituting the bench can be split up by the Judges constituting the bench themselves and one or both the Judges constituting such bench sit singly and take up any other kind of judicial business not otherwise assigned to them by or under the directions of the Chief Justice.

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(6) That the puisne Judges cannot "pick and choose" any case pending in the High Court and assign the same to himself or themselves for disposal without appropriate orders of the Chief Justice.

(7) That no Judge or Judges can give directions to the Registry for listing any case before him or them which runs counter to the directions given by the Chief Justice.”

5. Mr. Narasimha and Mr. Suri have also drawn our attention to the authority in Official Liquidator vs. Dayanand and Others (2008) 10 SCC 1, wherein it has been held as follows:-

“In the present case the Bench of two learned Judges has, in terms, doubted the correctness of a decision of a Bench of three learned Judges. They have, therefore, referred the matter directly to a Bench of five Judges. In our view, judicial discipline and propriety demands that a Bench of two learned Judges should follow a de