GS IAS Logo

< Previous | Contents | Next >

Arguments against such concerns-

According to another recent judgment also, seniority in terms of appointment has no bearing on which cases a judge should hear. To suggest that one judge is more capable of deciding particular cases or that certain categories of cases should be assigned only to the senior-most among the judges of the Supreme Court has no foundation in principle or precedent. To hold otherwise would be to cast a reflection on the competence and ability of other judges to deal with cases assigned to them by the Chief Justice.

The CJI is only “the first among equals” as a judge, but is sui generis (one of his kind) in other capacities.

o Entrustment of such authority in the Chief Justice is necessary for safeguarding the

Supreme Court as an “independent safeguard for the preservation of personal liberty”.

The CJI has made the roster system public and portfolios are now being published on the Supreme Court website.