Chief Justice Chandrachud Recommends Justice Sanjiv Khanna as successor

Chief Justice of India (CJI) D.Y. Chandrachud has recommended Justice Sanjiv Khanna for appointment as the 51st Chief Justice of India (CJI).

• CJI Chandrachud’s Retirement: CJI Chandrachud is scheduled to retire on November 10, 2024.
• Appointment Process: The Law Ministry begins the appointment process for the next CJI by seeking the outgoing Chief Justice’s recommendation.
  • Justice Khanna is next in line according to the seniority norm.

About Chief Justice of India

• Constitutional Provisions
  • Article 124(1): There shall be a Supreme Court of India, consisting of a Chief Justice of India.
  • Article 124(2): Every Judge of the Supreme Court, including the CJI, shall be appointed by the President of India.
  • Article 124(4): Describes the grounds and procedure for the removal of a judge, including the CJI, based on proven misbehaviour or incapacity.
• Appointment of CJI: While Article 124 lays down provisions for the appointment of Supreme Court judges, the Constitution does not explicitly define the process for appointing the Chief Justice of India.
• Convention: The outgoing CJI recommends the next Chief Justice, typically following the seniority norm.
  • This recommendation is forwarded by the Union Law Minister to the Prime Minister, who advises the President.
• Seniority: Not determined by age but by the number of years served as a judge in the Supreme Court.
• Exceptions:
  • 1973: Justice A.N. Ray was appointed CJI over three senior judges (Shelat, Hegde, and Grover).
  • 1977: Justice M.H. Beg was appointed CJI instead of Justice H.R. Khanna.
• SC in the Second Judges Case (1993): Ruled that the senior most judge of the Supreme Court should alone be appointed to the office of the CJI.
• Qualifications:The Chief Justice of India must:
  • Be a citizen of India.
  • Have been a judge of a High Court (or two or more in succession) for at least five years.
  • Alternatively, must have been an advocate of a High Court (or two or more in succession) for at least ten years.
  • Or, be deemed a distinguished jurist by the President.
• Removal of CJI: The CJI can be removed by an order from the President after an address by Parliament is presented to the President.
• The motion must be supported by a special majority in each House of Parliament, requiring:
  • A majority of the total membership of that House.
  • A majority of not less than two-thirds of the members present and voting.

Check Out UPSC Modules From PW Store

Roles and Powers of the CJI

• Administrative Head: The CJI serves as the administrative head of the Supreme Court, overseeing the functioning of the court.
• Allocation of Cases: The Chief Justice has the prerogative to allocate cases to specific benches.
• Deciding Bench Strength: The CJI determines the number of judges required to hear a particular case.
• Head of SC Collegium: The collegium system is the system of appointment and transfer of judges that has evolved through judgments of the SC (Judges Cases), and not by an Act of Parliament or by a provision of the 
• Article 128: The CJI may, with the consent of the President, request a qualified person to act as a judge of the Supreme Court, such as:
  • A former Supreme Court judge.
  • A former High Court judge who is qualified for appointment to the Supreme Court.

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