 Also includes allocation of work of a Bench, on
account of non-availability of Judges to another Bench.
 Further, to meet any contingencies or emergency, CJI
may instruct the Registrar to re-allocate judicial work
to some other Bench.
 In case of transfer of cases from one Bench of Judges
to another Bench of Judges, then in such case the
Registrar shall place the listing for transfer before CJI
for his approval.
ALLOCATION OF BENCH BY CJI
• In case of Division Bench – any matter heard by a
Division Bench of not less than 2 Judges shall be
nominated by the CJI.
• Forming Constitution Bench - CJI may from time to
time constitute a Constitution Bench consisting of 5 or
more judges under Article 145 (3) to adjudicate
matters involving substantial question of law or for
interpretation of the Constitution or under Article 143
pertaining to Presidential reference.
• A Division Bench of two or more judges may refer
any matter to a larger Bench of not less than 5
judges involving a substantial question of law. In such
instances, the Division Bench shall refer the case to
the CJI who shall thereupon constitute such a
larger bench for hearing the matter.
Are there any rules or guidelines for Master of
Roster?
• Regarding the issue of Master of the Roster, one
needs to understand about Article 145 of the
Constitution of India.
• Article 145 states that Supreme Court may from time
to time, with the approval of the President, make rules
for regulating generally the practice and procedure of
the Court.
• This includes rules regarding the procedure for
hearing appeals and other matters pertaining to
appeals including the time within which appeals to the
Court are to be entered.
• Parliament of India under Article 145 has accordingly
framed Supreme Court Rules, 2013.
• Article 145 further mentions that Supreme Court with
the approval of the President may make rules
regulating the general practice and procedure of the
Court including:
 Rules as to the procedure for hearing appeals, time
within which appeals are to be entertained by the
Court.
 Rules as to the proceedings of the Court for
enforcement of any rights conferred by PART III
(Fundamental Rights).
 Rules pertaining to transfer of cases under Article
139A where the same question of law or substantially
the same question of law are pending before the
Supreme Court and one or more High Courts or
before two or more High Courts.
 Rules pertaining to transfer of any case, appeal or
other proceedings pending before any High Court
to any other High Court to meet ends of justice.
 The Supreme Court may by rule fix the minimum
number of judges who are to sit for any case and
also provide for powers of Single Judges and
Division Bench (more than one judge).
 Article 145 (3) explains that the minimum number of
Judges who are to sit for the purpose of deciding any
case involving a substantial question of law as to the
interpretation of this Constitution or for the purpose
of hearing any reference under Article 143 shall be
five.
 All judgments shall be delivered by the Supreme
Court with the concurrence of a majority of judges
present at the hearing of the case and such judge
or judges who do not concur with the judgment of the
majority can freely express their dissenting opinion
or judgment.
STATE OF RAJASTHAN V PRAKASH CHAND
The Court stated -
 The administrative control of the High Court vests in
the Chief Justice alone. On the judicial side, however,
he is only the first amongst the equals.
 The Chief Justice is the master of the roster. He alone
has the prerogative to constitute benches of the court
and allocate cases to the benches so constituted.
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