AIR 2018 SUPREME COURT 3287 ::2018 (5) ABR 663 ::2018 (8) SCC 396 ::(2018) 8 Scale 585 ::AIR 2018 SC (Civ) 2641 ::(2018) 6 All WC 5486 ::(2018) 6 Mad LJ 647

Supreme Court Of India

Hon'ble Judge(s): A. K. Sikri, Ashok Bhushan , JJ

(A) Constitution of India , Art.145, Art.124, Art.32— Supreme Court Rules (2013) , O.3 R.7, O.3 R.8— Constitution of Benches of Supreme Court - Authority of Chief Justice - Chief Justice is master of roster - Expression 'Chief Justice' appearing in Rr. 7 and 8 of Rules of 2013 - Cannot be read as 'Collegium' consisting of five senior-most Judges including Chief Justice for purpose of allocation of matters to different Benches/Judges of Supreme Court. Constitution is silent on role of 'Chief Justice'. There is no specific provision relating thereto either in Constitution or even in any other law. Previous judgments are dominated by two stereo-types. One, perpetuated by common belief and widely endorsed and accepted by all stakeholders, is that 'Chief Justice' occupies role of 'first among equals'. Phrase 'among equals' is generally relatable to judicial function designed to emphasize fact that voices of members of particular Bench, which may include 'Chief Justice', are given equal weight and that in deciding cases, opinion of 'Chief Justice' also carries same weight and is no different from those of other Members of Bench. Thus, in given case, there is possibility @page-SC3288 that view of 'Chief Justice' may be minority view and in that eventuality, outcome of case would be what majority decides. Word 'first' in aforesaid expre....