ROLE OF CHIEF JUSTICE AS MASTER OF ROSTER – TIME TO REVISIT
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Abstract
Hours after being sworn in as the 46th Chief Justice of India (CJI) Mr. Justice Ranjan Gogoi, issued a new roster, in which he distributed the hearing of Public Interest Litigations between himself and the second senior most judge Mr.Justice Madan B Lokur .He also hinted at working out along with his colleagues; new parameters. His words are encouraging and show a commitment to set things right and also to bring in a sense of inclusiveness amongst Judges. It seems to be the right time to revisit the role of the CJI as the ‘Master of Roster’ from the administrative point of view.
The administration in the present day deals with rulemaking, quasi-judicial and purely administrative functions. Thus, principles envisaged in our Constitution and the principles of natural justice need to be applied as a balance between the interests of the individuals and the authorities. It has to be applied with maximum possible care and caution when the highest office of Justice in the country discharges administrative functions.
The expression Natural Justice refers to two distinct presumptions of interpretation, the audi alteram partem rule and the rules against the appearance of bias. Bias is an operative prejudice, whether conscious or unconscious, as a result of some preconceived opinion or predisposition, in relation to a party or an issue.
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