Indian Judiciary in turmoil

[Aupmanyav]

When deciding cases, the Chief Justice of India (CJI) has only one vote. In many judgments, the CJI is in a minority. That is why he is 'first among equals'. Elevated by seniority, CJIs are not necessarily the best jurists of the court. But his office can blind him into claims of superiority.

This affliction seems to have caught up with CJI Dipak Misra.

In an unprecedented press conference on Friday, Justices J Chelameswar, Ranjan Gogoi, Madan B Lokur and Kurian Joseph, all but castigated CJI Misra for abusing his power of allotting cases to adversely affect "the overall functioning of the justice delivery system". The CJI's allotment power cannot be arbitrary.

But Misra seems to think otherwise.

In the medical admission scam case, the matter was sent to junior judge AK Sikri's bench. Justice Chelameswar's bench passed an order that the case should go to the five senior-most judges.

Misra abandoned a Constitution Bench temporarily to write a note to overturn Chelameswar's perfectly legal view. Whether by speech, in writing or by order, a CJI has no power to tick off another judge who is his equal.

On January 12, the case concerning Justice BH Loya's death* was not assigned to the correct bench. Instead, it was sent to the court where Justices Arun Mishra and MM Shantanaoudar were presiding.
* Justice Loya was considering "Shahabuddin Encounter Case" in which the President of the ruling party (Bharatiya Janata Party), Mr. Amit Shah, was involved.

Government of India has said that this is an 'internal matter' of the Supreme court and they would not intervene in it. But pressure from the Government can't hold the Court to ransom on judicial appointments. Some say CJI Misra should resign. He should at least repent.
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