Target IAS

Friday, April 13, 2018

What is master of the roaster? 
To sum it up in simple terms, it means the head of the administrative side. Be it the Chief Justice of India or Chief Justice of any high court it is he or she who heads the administrative side. This includes allocation of matters before a judge as well.
The power to allocate matters before a Bench or judge is the power that the CJI or CJs have got and it cannot be overridden by a judicial order even if the CJI or CJ is sitting on a Constitution Bench.

The administrative powers are taken over by the senior most judge of a Supreme Court or High Court only if the CJI/CJ is on leave. In this case, the problem began when a Bench headed by Justice Chelameswar ordered that a case is heard by five senior-most judges of the Supreme Court.
Senior advocate, K N Phanindra tells that this order itself was wrong. Following this order, the same was overturned by the CJI saying that only he could allocate the Bench as he was the master of the roaster.
Phanindra further states that the CJ being the master of the roaster is a well-accepted norm and convention. Justice Chelameswar ought to have placed the matter before the CJI to be allocated before a suitable Bench. He could not have said that by himself by way of a judicial order. Even in cases where there are divergent views, it is the CJ who takes the final call on who the third judge would be.
In my view this whole concept of a junior and senior judge in the Supreme Court itself is wrong. The CJI is the senior most among equals is what the norm and convention are, Phanindra also points out.

Thursday, April 12, 2018

The Cauvery Water Disputes Tribunal (CWDT) Prescriptions on resolving Cauvery Water Dispute:-

  • The CWDT had prescribed the setting up of a Cauvery Management Board(CMB) and
  • The Cauvery Water RegulationCommittee (CWRC)  to monitor the implementation of its order.
  • The CMB ought to be headed by a Chief Engineer with at least 20 years of experience. 
  •  The CMB would monitor the storage position in the Cauvery basin and the trend of rainfall, to assess the likely inflows for distribution among the States. 
  • The CWRC will ensure the Tribunal’s order is carried out.
  • The CMB envisaged three full­time members including a chairman.
    It was also to consist of six part­time members, four of whom will be from the riparian States of Karnataka,Kerala, Tamil Nadu, and the Union Territory of Puducherry