Central Idea

• A recent judicial development has raised concerns about the authority and powers of the Chief Justice of India (CJI) in influencing judicial decisions. The recall application filed by the Union of India against a judgment regarding the right to default bail, followed by an interim order from the Court of the CJI, has highlighted the need to reassess the constitutional framework and the extent of the CJI’s administrative powers

An Extraordinary Decision and its Unusual Turn

• Safeguarding the Right to Default Bail: The Division Bench of the Supreme Court in Ritu Chhabria v. Union of India recognized the right of an undertrial to be released on default bail if the investigation exceeds the statutory time limit. It criticized the practice of charge-sheeting accused individuals despite incomplete investigations and emphasized that the filing of a preliminary charge-sheet does not extinguish the right to bail.
• Surprising Recall Application: The Court of the CJI entertained a recall application filed by the Union of India against the Ritu Chhabria judgment. This move deviated from the usual course of filing a review petition before the same Bench. The interim order passed by the Court of the CJI effectively stayed the Division Bench’s decision, even though it had no direct connection to the case.

Concerns over the Role of the CJI

• Intra-court Appeal without Legislative or Constitutional Backing: The recall application before a different Bench, including the CJI, raises concerns about the absence of a legislative or constitutional framework for such appeals. This practice can be seen as bench fishing or forum shopping, creating a mechanism devoid of legal legitimacy.
• The CJI’s Administrative Powers: While all Supreme Court judges possess equal judicial powers, the CJI enjoys special administrative powers as the ‘Master of the Roster.’ These powers include constituting Benches and assigning matters for reconsideration. However, within a Bench, the CJI’s vote holds no greater weight than that of other judges.
• Issues of Judicial Equality: While historically, the CJI has authored minority opinions, the recent interim order raises concerns about the extent of the CJI’s influence on judicial decisions. Other countries, such as the United Kingdom, Australia, and Canada, have systems where judges collectively exercise power, reflecting the collective strength of the Court.

Cause for Concern

• Instances of Abuse: Recorded instances of infirmities and irregularities in case assignments have raised concerns about the potential abuse of administrative powers by the CJI. The unending nature of these powers makes it impractical to establish limits, emphasizing the need for transparency and checks.
• The Need for Checks and Balance: To maintain the integrity of the judiciary, it is crucial to limit the expansion of the CJI’s powers as the ‘Master of the Roster.’ The computerization of case assignments and the removal of discretionary powers from the CJI can mitigate concerns of undue influence and ensure a fair and impartial judicial process.

Administrative Powers of the CJI

• Constitution of Benches: The CJI has the authority to constitute various Benches within the Supreme Court, including both Division Benches and larger Constitution Benches. This power allows the CJI to assign judges to specific cases and distribute the workload among the judges.
• Assignment of Matters: The CJI has the discretion to assign specific cases or references to different Benches for adjudication. This includes allocating matters to the appropriate Benches based on subject matter, complexity, and other relevant factors.
• Reconsideration of Matters: The CJI can refer cases or issues for reconsideration by a larger Bench. This power enables the CJI to ensure consistency in judicial pronouncements, resolve conflicting decisions, or clarify legal principles through the review of previous judgments.
• Administrative Decision-Making: The CJI is responsible for making administrative decisions related to the court’s functioning, including the allocation of courtrooms, assignment of court staff, and management of infrastructure and resources.
• Appointment of Judicial Officers: The CJI plays a significant role in the appointment and transfer of judges to various high courts and other tribunals. This responsibility includes participating in the collegium system, which involves recommending suitable candidates for judicial appointments.
• Judicial Administration: The CJI oversees the overall functioning of the judiciary, including setting standards for court procedures, case management, and promoting efficiency in the delivery of justice. The CJI works closely with other judges, court officials, and stakeholders to ensure the smooth operation of the judicial system

Facts for prelims

Conclusion

• While the administrative powers of the CJI are necessary for the efficient functioning of the Court, their exercise should adhere to constitutional principles and established legal procedures. It is imperative to establish transparent systems and minimize discretionary powers to safeguard the integrity and impartiality of the judiciary.

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