SC: Reassigning Cases Rests Solely with CJI, Puisne Judges Cannot Do So

In a recent development that has drawn significant attention, the Supreme Court of India has reaffirmed the exclusive authority of the Chief Justice of India (CJI) to assign and reassign cases to different benches. This affirmation came in response to an incident that occurred during the case of Orris Infrastructure Private Limited vs Manoj Aggarwal and others.

The bench of Justices BR Gavai and Vikram Nath expressed their dismay when they discovered that the case, previously assigned to another bench, had been listed before them. This occurrence shed light on the importance of proper case allocation and adherence to established protocols within the judicial system.

The Incident and the Discontent

The incident that sparked the attention of the bench of Justices BR Gavai and Vikram Nath revolved around a case that had initially been assigned to Justices MR Shah and CT Ravikumar. Justice Gavai, leading the bench, emphasized that the power to reassign matters lies solely with the CJI and not with the puisne judges.

Although no conclusive order had been passed in the case, the bench of Justices Shah and Ravikumar had directed it to be heard by Justice Gavai’s bench, possibly due to their previous involvement in the matter.

Case Allocation and Effective Orders

The present bench clarified that, as per customary practice, a matter should be assigned to the judge who was part of the bench that had previously passed an effective order. In this particular case, the only effective order issued was to issue notice, which was given by a bench of Justices AM Khanwilkar and Ravikumar in September 2021.

After Justice Khanwilkar’s retirement, the case naturally followed the bench that included Justice Ravikumar. Initially, the case was listed before Justices Gavai and Ravikumar in September of the previous year, but no order was issued.

The Direction and the Disagreement

When the case was subsequently brought before Justices Shah and Ravikumar, they directed it to be placed before a bench presided over by Justice BR Gavai at the earliest. However, the Gavai-led bench disagreed with this directive, emphasizing that any decision to transfer a matter to another bench should be directed to the CJI for appropriate orders.

Given that an effective order had been passed by the bench including Justice Ravikumar, the matter should have followed the bench with his involvement. Consequently, the bench directed the Registry to present the case before the CJI to obtain appropriate orders.

The Importance of Case Allocation and Established Procedures

This incident highlights the exclusive authority of the CJI in allocating cases and the significance of adhering to established procedures within the Supreme Court of India. Proper case allocation ensures transparency, consistency, and the smooth functioning of the judicial system.

By reiterating the authority of the CJI in assigning and reassigning cases, the Supreme Court reaffirms its commitment to upholding the integrity and effectiveness of the judicial process.

conclusion

In conclusion, the recent incident involving the reassignment of a case within the Supreme Court of India has brought attention to the exclusive authority of the Chief Justice of India in allocating cases. The bench of Justices BR Gavai and Vikram Nath expressed their discontent when a case assigned to another bench was listed before them, emphasizing that the power to reassign cases lies solely with the CJI.

This incident underscores the importance of adhering to established protocols and procedures within the judicial system to ensure fairness and efficiency. The Supreme Court’s reaffirmation of the CJI’s authority in case allocation aims to uphold the integrity and effectiveness of the Indian judiciary.