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The recent incident involving the Supreme Court's admonishment of an Allahabad High Court judge for what it deemed an “absurd” order has ignited a crucial debate concerning the relationship between the apex court and the High Courts, particularly regarding the extent of the Supreme Court's supervisory powers and the sacrosanct principle of the 'master of roster' within each High Court. The case revolves around an order issued by Justice Prashant Kumar of the Allahabad High Court, which the Supreme Court Bench, composed of Justices J.B. Pardiwala and R. Mahadevan, found to be so fundamentally flawed that it prompted them to direct the Chief Justice of the Allahabad High Court, Arun Bhansali, to pair Justice Kumar with a more experienced senior judge in a Division Bench. Further, the Supreme Court stipulated that Justice Kumar should not be assigned any criminal cases until he retired from office. These directives, initially part of an order issued on August 4th, triggered significant objections from lawyers of the Allahabad High Court, who voiced their concerns directly to Chief Justice Bhansali. Subsequently, the Supreme Court Bench, upon receiving a letter from the Chief Justice of India, B.R. Gavai, requesting reconsideration, modified its original order on Friday, withdrawing the two contentious directions. The Supreme Court's six-page order explicitly stated that the initial directions were never intended to challenge Chief Justice Bhansali's authority as the 'master of roster' within his High Court. The court affirmed its full acknowledgment of the Chief Justice's prerogative in this regard, emphasizing that the directions were not meant to interfere with the administrative powers vested in the Chief Justice. However, the Supreme Court's order also asserted that instances involving institutional concerns that could potentially undermine the rule of law might necessitate intervention by the apex court to take corrective measures. In essence, the Supreme Court argued that when the integrity and dignity of the judicial institution are at risk, it becomes the constitutional responsibility of the Supreme Court to intervene. The court further clarified that High Courts are not isolated entities and are integral components of the overall judicial system. The crux of the issue lies in the delicate balance between the Supreme Court's oversight role and the autonomy of the High Courts, particularly in matters of internal administration. The 'master of roster' principle, which grants the Chief Justice of each High Court the exclusive authority to constitute benches and allocate cases, is considered a cornerstone of judicial independence and efficiency. Undermining this principle could potentially lead to instability and disruption within the High Court system. The Supreme Court's intervention, while intended to address a perceived error in judgment, raises questions about the boundaries of its supervisory powers and the potential for overreach. The Allahabad High Court Bar Association's prompt response highlights the importance of preserving the autonomy of the High Courts and resisting any encroachment on their internal administrative functions. The Supreme Court's subsequent modification of its order reflects a recognition of these concerns and a willingness to recalibrate its approach to ensure that the 'master of roster' principle is not unduly compromised.
The controversy surrounding the Supreme Court's directive to the Allahabad High Court raises fundamental questions about the nature of the relationship between the Supreme Court and the High Courts in India's judicial system. While the Supreme Court undeniably holds a position of preeminence as the highest court in the country, the extent of its supervisory powers over the High Courts has always been a subject of debate. The argument that the Supreme Court acts as an “elder brother” to the High Courts is often invoked, suggesting a role of guidance and mentorship in matters of administration of justice. However, as the Supreme Court's own judgment in the 2004 Tirupati Balaji Developers case pointed out, this analogy does not confer upon the apex court any formal “power of superintendence” over the High Courts. The High Courts are independent constitutional bodies with their own defined jurisdictions and powers, and any intervention by the Supreme Court must be carefully calibrated to avoid undermining their autonomy. The 'master of roster' principle is a key aspect of this autonomy. This principle, which vests the Chief Justice of each High Court with the exclusive authority to constitute benches and allocate cases, is considered essential for maintaining judicial discipline and decorum. It ensures that the Chief Justice can effectively manage the workload of the court, assign cases to judges with the appropriate expertise, and prevent any potential conflicts of interest. The Supreme Court itself has repeatedly affirmed the importance of the 'master of roster' principle, particularly in the wake of the unprecedented press conference held by four senior Supreme Court judges in January 2018, who insinuated selective allocation of ‘sensitive’ cases by the then Chief Justice of India. This incident highlighted the potential for abuse of the 'master of roster' power and the need for clear guidelines to ensure its fair and transparent application. The Supreme Court's own pronouncements in cases such as State of Rajasthan versus Prakash Chand (1998) have unequivocally affirmed the Chief Justice's prerogative in constituting benches and allocating cases. Similarly, the Allahabad High Court itself, in State of Rajasthan versus Devi Dayal (1959), has held that the Chief Justice alone has the power to decide which judge sits alone and which cases such judge can decide. This consistent affirmation of the 'master of roster' principle underscores its importance in maintaining the integrity and efficiency of the High Court system. The recent controversy raises the question of whether the Supreme Court's intervention, even if motivated by concerns about the quality of justice being administered, could inadvertently undermine this well-established principle. While the Supreme Court has clarified that its intention was not to challenge the Chief Justice's authority, the initial directions issued to the Allahabad High Court did raise concerns about potential overreach. The prompt response from the Allahabad High Court Bar Association and the subsequent modification of the Supreme Court's order suggest a recognition of the need to protect the autonomy of the High Courts and the 'master of roster' principle.
The debate surrounding the Supreme Court's role in overseeing the High Courts is further complicated by the tension between the need for accountability and the preservation of judicial independence. While the 'master of roster' principle is essential for maintaining the efficient administration of justice, it also raises concerns about potential arbitrariness or bias in the allocation of cases. If a Chief Justice were to systematically assign sensitive cases to judges known to be sympathetic to a particular viewpoint, it could undermine public confidence in the impartiality of the judiciary. Therefore, there is a legitimate need for some form of oversight to ensure that the 'master of roster' power is exercised fairly and transparently. However, the question remains: who should exercise this oversight, and how should it be done? One option is to rely on internal mechanisms within the High Court itself. The High Court Bar Association, for example, can play a crucial role in monitoring the allocation of cases and raising concerns if they believe that the 'master of roster' power is being abused. The judges of the High Court themselves can also provide a check on the Chief Justice's authority, particularly if they believe that the allocation of cases is undermining the integrity of the court. Another option is to involve the Supreme Court in a more limited supervisory role. The Supreme Court could, for example, issue guidelines on the exercise of the 'master of roster' power, or it could intervene in specific cases where there is evidence of serious abuse. However, any intervention by the Supreme Court must be carefully calibrated to avoid undermining the autonomy of the High Courts and the 'master of roster' principle. The Supreme Court must also be mindful of the potential for politicization of the judicial system if it becomes too involved in the internal affairs of the High Courts. The recent incident involving the Allahabad High Court highlights the need for a nuanced approach to the issue of judicial oversight. The Supreme Court's initial intervention, while intended to address a perceived error in judgment, raised concerns about potential overreach. The subsequent modification of the order suggests a recognition of the need to protect the autonomy of the High Courts and the 'master of roster' principle. Ultimately, the challenge is to strike a balance between the need for accountability and the preservation of judicial independence. The High Courts must be allowed to function autonomously and efficiently, but they must also be held accountable for ensuring that justice is administered fairly and impartially. The Supreme Court can play a role in promoting both of these goals, but it must do so with caution and respect for the unique challenges faced by the High Courts.
Moving forward, several steps can be taken to strengthen the relationship between the Supreme Court and the High Courts while upholding the principles of judicial independence and accountability. First, there is a need for greater clarity and transparency in the exercise of the 'master of roster' power. High Courts should adopt clear and well-defined guidelines for the allocation of cases, ensuring that the process is fair, impartial, and free from any undue influence. These guidelines should be publicly available and subject to periodic review. Second, mechanisms for internal accountability within the High Courts should be strengthened. The High Court Bar Association should be empowered to play a more active role in monitoring the allocation of cases and raising concerns about any potential abuses of the 'master of roster' power. Judges of the High Court should also be encouraged to voice their concerns to the Chief Justice and to the appropriate authorities if they believe that the allocation of cases is undermining the integrity of the court. Third, the Supreme Court should develop a more nuanced approach to its supervisory role over the High Courts. The Supreme Court should avoid intervening in routine matters of administration and should focus instead on cases where there is clear evidence of serious misconduct or a systemic failure of justice. The Supreme Court should also consult with the High Courts before issuing any guidelines or directives that could potentially impact their autonomy. Fourth, there is a need for greater dialogue and collaboration between the Supreme Court and the High Courts. Regular meetings and conferences should be held to discuss issues of common concern and to share best practices. This would help to foster a stronger sense of collegiality and mutual respect between the two levels of the judiciary. Fifth, efforts should be made to improve the quality of judicial education and training. Judges at all levels should receive comprehensive training on issues such as judicial ethics, case management, and legal writing. This would help to ensure that they are well-equipped to handle the complex challenges of modern litigation. Sixth, the process for appointing judges to the High Courts should be reformed to ensure that only the most qualified and impartial candidates are selected. The appointment process should be transparent and merit-based, and it should involve consultation with a wide range of stakeholders, including the High Court Bar Association and the Supreme Court. Finally, there is a need for greater public awareness and understanding of the judicial system. The public should be educated about the role of the Supreme Court and the High Courts, the importance of judicial independence, and the mechanisms for holding judges accountable. This would help to promote greater public confidence in the judicial system and to ensure that it is able to function effectively in a democratic society. The recent incident involving the Allahabad High Court serves as a reminder of the importance of maintaining a delicate balance between judicial independence and accountability. By taking these steps, we can strengthen the relationship between the Supreme Court and the High Courts and ensure that the judicial system is able to serve the interests of justice in a fair, impartial, and transparent manner.
Source: Questions from Supreme Court’s chastisement of a High Court judge