APPOINTMENT OF CJI

APPOINTMENT OF CJI

Subject : Polity

Context : Justice NV Ramana (Andhra) to replace CJI S A Bobde as the 48th Chief Justice of India till for the next 16 months till Aug 2022.

Concept :

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.