SC : Constitute the benches and allocate cases

     Written by : SMTV24x7 | Wed, Apr 11, 2018, 06:58 PM

SC :constitute the benches and allocate cases

New Delhi, April 11: The Supreme Court on Wednesday said that it was the "prerogative" of the Chief Justice of India - a high constitutional functionary - to constitute the benches and allocate cases and that authority can't be regulated on the mere apprehension of being exercised arbitrarily.

Holding that in the allocation of cases and the constitution of benches, the Chief Justice has exclusive prerogative, the bench of Chief Justice Dipak Misra, Justice A.M.Khanwilkar and Justice D.Y.Chandrachud, in their judgment, said: "... such an entrustment of functions is necessary for the efficient transaction of the administrative and judicial work of the Court".

"There cannot be a presumption of mistrust. The oath of office demands nothing less," said the judgement rejecting a PIL for framing of rules for regulating the constitution of benches and allocation of cases.