Chief Justice of India Sanjiv Khanna has officially recommended Justice B.R. Gavai as his successor.

About Justice B.R. Gavai

• He is  currently the second-most senior judge of the Supreme Court, and has been nominated to the Union Law Ministry.

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.
• Recommendation Process: The senior-most Supreme Court judge is usually chosen. 
  • The outgoing CJI plays a crucial role in recommending a successor.
• Oath of Office: The President of India administers the oath to the Chief Justice.
  • The oath signifies a commitment to uphold the Constitution, perform duties faithfully, and maintain judicial integrity.

Eligibility Criteria to Become CJI

• The Constitution of India does not specify any eligibility criteria for becoming the CJI. 
• However, Article 124 (3) of the Constitution lays down the qualifications for becoming a judge of the Supreme Court, which are also applicable to the CJI. 
• • The candidate 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.
• In practice, the senior-most judge of the Supreme Court is appointed.
  • The seniority is measured by the length of service on the Supreme Court.

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.

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.
  • The process follows the Judges Inquiry Act, 1968, involving a judicial inquiry committee.

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