The Supreme Court today expressed its 'prima facie' disagreement that task of allocation of cases should be entrusted to the members of the collegium, which consists of five senior-most judges of the apex court, including the chief justice of India (CJI).
A bench comprising justices A K Sikri and Ashok Bhushan said that if it was done, the collegium would have to sit daily or twice or thrice a week just for this work only.
"It cannot be expected that the collegium will sit everyday or two-three days a week for this only. It is not a feasible solution," the court observed during the hearing of a PIL filed by former law minister Shanti Bhushan challenging the existing roster system and powers of the CJI to allocate cases.
"Prima facie, I do not think that the collegium should be entrusted with the task of allocating cases. You can come out with suggestions," Justice Sikri told senior advocate Dushyant Dave, appearing for Bhushan.
During the arguments, Dave said that "sensitive" cases should be allocated by the collegium as in a democracy, there was "nothing called absolute discretion" and there were matters which were "sensitive" for the nation and for survival of democracy.
He submitted that the Constitution speaks about the powers of the CJI and it was "not desirable" to leave that power to an individual and the top court registry should follow the Supreme Court Rules, which stipulate the procedure for the listing of cases.
The bench observed that power has been given to judges to protect the Constitution and democracy and the listing of cases was the discretion of the CJI, who is the 'master of the roster'.
However, Dave said, "But there is caveat. It should be fair and just."
He contended, "Then the prime minister might say that I am the prime minister and I am the ruler of the country."
To this, the bench said, "You may have a point, but when a case comes up for marking and when one of the judges has recused, it will come before the CJI."
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