Which law governs the appointment and removal of the Chief Justice of India?

Answer By law4u team

The appointment and removal of the Chief Justice of India in India are primarily governed by the Constitution of India and relevant provisions therein. The Chief Justice of India is the head of the Indian judiciary and plays a pivotal role in the functioning of the judicial system. Here's an overview of the legal framework governing the appointment and removal of the Chief Justice of India: Appointment: The appointment of the Chief Justice of India is based on the following provisions: Article 124 of the Constitution of India: Article 124 deals with the appointment of judges to the Supreme Court. The Chief Justice of India is appointed by the President of India after consultation with the other judges of the Supreme Court and, in the case of appointments other than the first appointment, consultation with the Chief Justice of India. The Memorandum of Procedure: The Memorandum of Procedure is a document that provides guidelines and procedures for the appointment of judges to the Supreme Court, including the Chief Justice of India. It is evolved through discussions between the executive (represented by the government) and the judiciary and outlines the process and criteria for appointments. Removal: The removal of the Chief Justice of India is a complex and rare process, as judges, including the Chief Justice of India, enjoy constitutional safeguards aimed at preserving judicial independence. The procedure for removal is primarily governed by: Article 124(4) of the Constitution: This article outlines the process for removing a judge, including the Chief Justice of India, from office. It states that a judge can be removed only by an order of the President, following a motion for the judge's removal that has been adopted by a special majority in both houses of Parliament (Lok Sabha and Rajya Sabha). Grounds for Removal: A judge, including the Chief Justice of India, can be removed from office on the grounds of "proved misbehavior" or "incapacity." The specific allegations against the judge must be carefully examined, and the removal process is subject to strict procedural safeguards to protect the independence of the judiciary. It's important to note that the removal of a Chief Justice of India or any other judge through the constitutional process is rare and has occurred only on a few occasions in India's history. This reflects the commitment to preserving the independence and integrity of the judiciary in the country.

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