Syllabus: GS2/Polity and Governance/ Judiciary
Context
- Chief Justice of India (CJI) Sanjiv Khanna has recommended Justice B.R. Gavai — next in line by seniority — to the Union Law Ministry for appointment as the 52nd Chief Justice of India.
About Appointment of the CJI
- The Constitution of India does not mention any procedure for appointment of the CJI.
- Article 124 (1) of the Constitution merely says, “there shall be a Supreme Court of India consisting of a Chief Justice of India.”
- Clause (2) of Article 124 of the Constitution says that every Judge of the Supreme Court shall be appointed by the President.
- Thus, in the absence of a constitutional provision, the procedure to appoint CJI relies on convention.
What is the Convention?
- The outgoing CJI recommends his successor a practice, which is based on seniority.
- Seniority at the apex court, however, is not defined 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,
- the one who was sworn in first as a judge would trump another;
- 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;
- an appointment from the bench would ‘trump’ in seniority an appointee from the bar.
Roles and Powers of CJI
- Master of the Roster: The CJI has the exclusive authority to allocate cases to different benches of the Supreme Court. This power includes determining the schedule and priority of hearings.
- Appointment of Judges: The CJI, along with the collegium (comprising the four senior-most Supreme Court judges), plays a crucial role in recommending judges for appointment to the Supreme Court and High Courts. The President consults with the CJI and the collegium during this process.
- Appointment of Ad-hoc Judges: Under Article 127 of the Constitution, the CJI can appoint ad-hoc judges to the Supreme Court when necessary.
- Changing the Seat of the Supreme Court: With the President’s approval, the CJI can relocate the Supreme Court from Delhi to another location.
Removal Process of CJI
- The President of India has the authority to remove the CJI.
- However, the President can only remove the CJI after Parliament presents an address requesting the removal.
- This address must be supported by a special majority in both Houses of Parliament.
Source: TH