Justice Gavai is the second Chief Justice of India from the Scheduled Caste (SC) community, following Justice KG Balakrishnan, who served between 2007 and 2010.

About Chief Justice of India

• The Chief Justice of India (CJI) is the head of the Supreme Court and Indian judiciary, appointed under Article 124 of the Constitution.
• Appointing Authority: The President of India appoints the Chief Justice of India.
• Memorandum of Procedure:
  • The Union Law Minister seeks the recommendation of the outgoing CJI.
  • The recommendation is forwarded to the Prime Minister.
  • The President appoints the senior-most judge of the Supreme Court as the next CJI
  • Convention: The senior-most SC judge is typically appointed. Seniority is determined by the length of service in the Supreme Court.
• Oath of Office: Administered by the President of India.
• First CJI: Harilal J. Kania.

Eligibility Criteria to Become CJI

• While the Constitution does not specify separate eligibility for CJI, the qualifications for a Supreme Court judge apply.
• As per Article 124(3):
  • He/She must be a citizen of India.
  • Must have:
    • Served as a High Court judge for at least 5 years, or
    • Practiced as an advocate in a High Court for at least 10 years.

Removal Process of CJI

• Impeachment by Parliament: The CJI can be removed by a Presidential order after both Houses of Parliament pass a motion with a two-thirds majority for proven misbehavior or incapacity in the same session. 
• The process follows the Judges Inquiry Act, 1968, involving a judicial inquiry committee.

Powers and Duties of the Chief Justice of India

• Administrative Authority: CJI acts as the Master of Roster’ which refers to the privilege of the Chief Justice to constitute Benches to hear cases.
  • CJI heads and oversees the functioning of the Supreme Court.
  • Also responsible for allocating judicial work and forming benches.
• Role in Appointments: Has significant influence in judicial appointments and transfers within the higher judiciary.
• Advisory Role: Acts as a key constitutional advisor to the government on major legal and judicial matters.
• Special Powers : 
  • Under Article 128, the CJI may, with the President’s consent, appoint a retired Supreme Court or qualified High Court judge to act temporarily as a Supreme Court judge.
    • With the approval of the President, the CJI can change the seat of the SC from Delhi to any other place.

Need / Significance of Diversity in the Judiciary

1. Promotes Social Justice: Ensures fair representation of marginalized groups such as SCs, STs, OBCs, minorities, and women.
   • As of 2023, only 1 out of 34 sitting Supreme Court judges belonged to the Scheduled Caste (SC) community. 
2. Strengthens Constitutional Values: Upholds the ideals of equality, inclusiveness, and fraternity enshrined in the Constitution.
   • The Justice Venkatachaliah Commission (2002) emphasized the need for judicial diversity to fulfill constitutional obligations of social justice.
3. Enhances Legitimacy and Public Trust: A judiciary reflective of India’s diversity boosts citizen confidence and the perceived fairness of the justice system.
   • The Sabarimala case (2018)—inclusion of a woman judge (Justice Indu Malhotra) brought a different viewpoint, highlighting the need for gender diversity.
4. Reduces Systemic Bias: A diverse bench brings varied perspectives, helping reduce unconscious bias and making judgments more balanced.
   • A 2018 report by Vidhi Centre for Legal Policy stated that over 90% of Supreme Court judges came from upper castes or elite backgrounds, creating a perception of elitism.
5. Improves Quality of Justice: Judges from varied backgrounds contribute to a more comprehensive understanding of social realities, improving the depth and empathy in verdicts.
6. Strengthens Democracy: A diverse judiciary contributes to inclusive governance and a more responsive democratic system.
   • National Commission to Review the Working of the Constitution: Urged institutional reforms to ensure judicial inclusiveness.
7. Empowerment of Marginalized Communities: Representation at the top levels serves as a symbol of empowerment and motivates participation in legal and public life.
   • Law Commission of India (214th Report, 2008): Stressed improving representation of SCs, STs, OBCs, minorities, and women in higher judiciary.
8. Global Best Practice: Reflects international trends where diversity in courts is linked to judicial effectiveness and equity.
   • The Judicial Service Commission (South Africa) ensures racial and gender representation in judicial appointments.

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