New Delhi,
The Chief Justice of India is the “first among equals” and occupies a unique position having the “exclusive prerogative” to allocate cases and set up Benches to hear cases, the Supreme Court ruled on Wednesday.

The verdict assumed significance as it came in the backdrop of the January 12 unprecedented press conference of the seniormost judges, including Justices J Chelameswar, Ranjan Gogoi, Madan B Lokur and Kurian Joseph, raising the issue of improper allocation of cases.

Former law minister Shanti Bhushan has also recently filed a PIL seeking clarification on the administrative authority of the CJI as the ‘master of roster’ and laying down of principles in preparing the roster for allocation of cases to Benches.

“In his capacity as a judge, the CJI is primus inter pares: the first among equals. In the discharge of his other functions, the Chief Justice of India occupies a position which is sui generis (unique)… Article 146 reaffirms the position of the CJI as the head of the institution.

“From an institutional perspective, the Chief Justice is placed at the helm of the Supreme Court. In the allocation of cases and the constitution of Benches, the Chief Justice has an exclusive prerogative,” a Bench comprising Chief Justice Dipak Misra and Justices AM Khanwilkar and DY Chandrachud said.

Dismissing a PIL filed by lawyer Ashok Pande seeking a “set procedure” to constitute Benches and allot cases, the Bench said that as a “repository of constitutional trust, the Chief Justice is an institution in himself”.

“The ultimate purpose behind the entrustment of authority to the CJI is to ensure that the Supreme Court is able to fulfil and discharge the constitutional obligations which govern and provide the rationale for its existence,” it said.