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How is the Chief Justice of India appointed?

06-Jan-2024
Indian

Answer By law4u team

The Chief Justice of India (CJI) is appointed by the President of India. The process of appointment involves consultation between the President and the current Chief Justice of India, as well as other key officials. The procedure is outlined in Article 124 of the Indian Constitution. Here are the key steps in the appointment of the Chief Justice of India: Appointment Consultation: The President of India, while appointing the Chief Justice of India, is required to consult with the following individuals: The Chief Justice of India, and The Judges of the Supreme Court and High Courts as the President deems necessary. Recommendation by the Outgoing CJI: Typically, the outgoing Chief Justice of India recommends the name of the most senior judge of the Supreme Court as the next Chief Justice. The seniority is determined based on the length of service as a judge. President's Decision: After consultations and considering the recommendations, the President makes the final decision on the appointment of the Chief Justice of India. Oath of Office: Once appointed, the new Chief Justice of India takes the oath of office before the President. It's important to note that the appointment of the Chief Justice of India is based on the principle of seniority, and the most senior judge of the Supreme Court is typically appointed to the position. However, the President is not bound by the principle of seniority and has the discretion to appoint any judge of the Supreme Court as the Chief Justice. The Chief Justice of India holds office until the age of 65 years or until retirement, whichever is earlier. If a Chief Justice demits office, the President appoints the next senior-most judge of the Supreme Court as the new Chief Justice. The process is designed to ensure the independence of the judiciary and the continuity of leadership within the Supreme Court.

Answer By Ayantika Mondal

Dear Client, The Constitutional process of appointing the Chief Justice of India is determined by Article 124(2) as read along with some constitutional conventions and court rulings. Constitutionally, the Chief Justice of India is appointed by the President of India. However, the appointment process is mostly determined by the Memorandum of Procedure (MoP) and the Supreme Court judgments, especially the Second Judges Case of 1993. Under the current framework, the appointment of a Chief Justice is made following the convention of seniority, subject to the fitness of the person. The procedure starts with the Minister of Law and Justice asking the outgoing Chief Justice of India for his recommendation. The outgoing Chief Justice of India recommends the senior-most judge of the Supreme Court. The Law Minister then forwards the recommended name to the Prime Minister, who then advises the President to finalise the appointment. It is pertinent to note that while seniority is the road to selection, the various court lectures on constitutional provisions have to be kept in mind while looking at the above process. I hope this answer helps. If you have any further query kindly do not hesitate to contact us. Thank you

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