VidhiSangh

Supreme Court of India · 11/04/2018

ASOK PANDE versus SUPREME COURT OF INDIA THR. ITS REGISTRAR AND ORS.

[2018] 3 S.C.R. 337 · 2018 INSC 326

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Summary

The Supreme Court dismissed a petition seeking compulsory rules for bench composition, seniority-based benches and separate subject divisions. The Chief Justice has the exclusive prerogative to constitute benches and allocate cases, and mandamus could not compel the requested rule-making. Neither seniority nor elevation from the Bar rather than the district judiciary created the proposed distinction in judges’ authority. The Court disapproved scandalous allegations concerning earlier High Court proceedings and cautioned the petitioner about future pleadings.

Issues

  1. Whether mandamus could compel the proposed rules governing bench composition and subject divisions.
  2. Whether seniority or the route of appointment justified restricting which judges could sit together or hear particular cases.
  3. Whether the Article 32 petition could challenge the conduct of earlier High Court judicial proceedings.

Provisions considered

Held

Result

Writ petition dismissed. Petitioner cautioned to exercise greater responsibility in future pleadings; no contempt punishment was imposed in this judgment.

Judgment PDF: Supreme Court of India, [2018] 3 S.C.R. 337.