Justice Sanjiv Khanna Appointed as the 51st Chief Justice of India

Justice Sanjiv Khanna Appointed as the 51st Chief Justice of India

Sub : Polity

Sec: Constitution

Why in News

Justice Sanjiv Khanna has been appointed as the next Chief Justice of India (CJI) and will assume office on November 11, 2024. The Union government has officially notified his appointment following the recommendation by the current Chief Justice D.Y. Chandrachud, who will retire on November 10, 2024.

Appointment of CJI:

Article 124 of the Constitution of India provides for the manner of appointing judges to the Supreme Court (SC). But there is no specific provision in the Constitution for appointing the Chief Justice.

CJI should be the senior most judge of the Supreme Court (SC). Law Minister has to seek recommendation of the outgoing CJI for appointment of new CJI at an appropriate time.

In case of doubt about the fitness of the senior-most Judge to hold office of CJI consultation with other Judges under Article 124(2) to be made.

Law Minister then puts up recommendation to Prime Minister (PM) who will advise the President on appointment.

Seniority at the apex court is determined not by age, but by the date a judge was appointed to the SC.

If two judges are elevated to the Supreme Court on the same day,

(1) the one who was sworn in first as a judge would trump another;

(2) if both were sworn in as judges on the same day, the one with more years of high court service would ‘win’ in the seniority stakes;

(3) an appointment from the bench would ‘trump’ in seniority an appointee from the bar.

Tenure:

Once appointed, the Chief Justice remains in office until the age of 65 years.

Article 124(4) of Constitution of India provides that a SC Judge including CJI can be moved only through a process of impeachment by Parliament.

Role and Functions of the Chief Justice of India:

• Presiding over the Supreme Court and leading judicial proceedings.
• Acting as the administrative head of the Supreme Court.
• Allocating cases and forming benches to ensure the effective functioning of the court.
• Overseeing the functioning of subordinate and high courts across India.

The CJI has the authority to take Suo motu cognizance (acting without a formal complaint) of matters that require urgent judicial intervention.

The CJI heads the Collegium, a body of senior judges responsible for the appointment and transfer of judges in higher judiciary. This system was established by various Supreme Court rulings and is not explicitly mentioned in the Constitution.