CHIEF JUSTICE INDIA (CJI)
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Seniority Principle: The appointment of the Chief Justice is primarily based on seniority among the judges of the Supreme Court of India. The President of India typically appoints the senior-most judge of the Supreme Court as the Chief Justice.
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Consultation with the Prime Minister: The President consults with the Prime Minister of India regarding the appointment. While the Prime Minister plays a role, the recommendation for the Chief Justice generally aligns with the seniority principle.
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Collegium System: The appointment also involves the Collegium system, which comprises the Chief Justice and the four other senior-most judges of the Supreme Court. The Collegium recommends the appointment of the Chief Justice to the President. This system was established to maintain the independence of the judiciary and to ensure that the appointment process is insulated from political influence.
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Formal Appointment: Once the recommendation is made, the President formally appoints the Chief Justice of India, following the procedures outlined in the Constitution of India.
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Oath of Office: After the appointment, the Chief Justice takes an oath of office, as specified in the Constitution, before assuming the responsibilities of the position
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In addition to being an Indian citizen, an individual must (a) have served as a judge of a High Court or multiple such courts in succession for a minimum of five years, (b) have practiced as an advocate in a High Court or in two or more such courts in succession for at least ten years, or (c) be regarded as a distinguished jurist by the President.
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The appointment of the Chief Justice of India and other Supreme Court judges is made by the President in accordance with clause (2) of Article 124 of the Indian Constitution. Article 124 specifies that the President should make these appointments “after consultation” with Supreme Court judges as deemed necessary.
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Article 217, which pertains to the appointment of High Court judges, states that the President must consult the Chief Justice of India, the Governor, and the Chief Justice of the relevant High Court. Additionally, the Chief Justice of India serves until the age of 65, while High Court judges retire at the age of 62
- Constitutional Bench: The CJI often presides over constitutional benches, which handle significant matters concerning the interpretation of the Constitution and fundamental rights.
- Appeals: The CJI has the authority to hear and decide cases, including appeals against decisions from lower courts. This includes civil, criminal, and constitutional matters.
- Appointment of Judges: The CJI plays a vital role in the appointment and transfer of judges in the higher judiciary, including the Supreme Court and High Courts, through the collegium system.
- Case Allocation: The CJI has the discretion to allocate cases to different benches of the Supreme Court, deciding which judges will hear particular matters.
- Court Management: The CJI oversees the administrative functions of the Supreme Court, including the management of court schedules and the implementation of court procedures
- Advisory Jurisdiction: Under Article 143 of the Constitution, the President of India can seek the opinion of the Supreme Court on questions of law or fact, and the CJI often plays a key role in these advisory proceedings
- Contempt Jurisdiction: The CJI has the power to initiate contempt proceedings against individuals or entities that disrespect or disobey court orders or undermine the authority of the court.
- Review Powers: The CJI, along with the Supreme Court, exercises the power of judicial review, which allows the court to invalidate laws and executive actions that violate the Constitution
- Leader of the Judiciary: As the head of the judiciary, the CJI represents the Supreme Court in all matters and engagements, both within the judicial system and in interactions with the executive and legislative branches of government.
- Public Interest Litigations (PILs): The CJI can admit and hear public interest litigations, enabling individuals or groups to seek justice on behalf of those unable to do so
- Rules and Regulations: The CJI, in consultation with other judges, has the authority to frame rules for the functioning of the Supreme Court, including procedural rules.
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Articles 124 to 147 in Part V of the Constitution
Article 124: Establishment and Constitution of the Supreme Court
Article 125: Salaries, Allowances, and Conditions of Service
Article 126: Appointment of Acting Chief Justice
Article 127: Appointment of Additional Judges
Article 128: Sessions of the Supreme Court
Article 129: Supreme Court to be a Court of Record
Article 130: Seat of the Supreme Court
Article 131: Original Jurisdiction
Article 132: Appellate Jurisdiction in Constitutional Matters
Article 133: Appellate Jurisdiction in Other Matters
Article 134: Appellate Jurisdiction in Criminal Matters
Article 135: Jurisdiction and Powers of the Supreme Court
Article 136: Special Leave to Appeal
Article 137: Review of its Own Judgments
Article 138: Enlargement of Jurisdiction of the Supreme Court
Article 139: Power of Supreme Court to Transfer Cases
Article 140: Power of Supreme Court to Make Rules
Article 141: Law Declared by the Supreme Court to be Binding
Article 142: Enforcement of Rights and Doing Complete Justice
Article 143: Advisory Jurisdiction
Article 144: Civil and Judicial Authorities to Act in Aid of the Supreme Court
Article 145: Rules of Procedure
Article 146: Appointment of Officers and Other Employees
Article 147: Interpretation
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The government notification stated, “In accordance with the authority granted by clause (2) of Article 124 of the Constitution of India, the President is pleased to appoint Shri Justice Sanjiv Khanna, currently a Judge of the Supreme Court, as the Chief Justice of India, effective from 11 November 2024.”
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Justice Khanna was appointed to the Supreme Court in January 2019. Although he has not previously served as Chief Justice of a High Court, he was promoted ahead of more senior judges from the Delhi High Court.
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Justice Khanna has been instrumental in several important rulings. He was part of the five-judge Constitution Bench that declared the Electoral Bond Scheme unconstitutional in February of this year and was also a member of the bench that upheld the repeal of Article 370 of the Constitution in 2023. Additionally, in 2023, Justice Khanna authored a significant ruling from a Constitutional Bench, affirming that the Supreme Court has the authority to grant divorce directly under Article 142 of the Constitution based on the grounds of “irretrievable breakdown of marriage.”
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For Prelims: Collegium system, National Judicial Appointments Commission (NJAC), Supreme court, Article 124, 99th Constitutional Amendment Act
For Mains:
1. Discuss the evolution of the Supreme Court of India from its inauguration in 1950 to the present day. How has its structure and capacity evolved to meet the changing demands of the legal landscape? (250 Words)
2. Examine the constitutional provisions that govern the Supreme Court of India. How do these provisions delineate the powers, jurisdiction, and composition of the Supreme Court? (250 Words)
3. What are the key features of the National Judicial Appointments Commission (NJAC) Act, and how did it differ from the Collegium system? (250 Words)
4. How does the appointment process of judges in the Supreme Court of India, emphasise the role of the Collegium system? What are the concerns associated with this system, and do you believe reforms are necessary? (250 Words)
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Previous Year Questions
1. With reference to the Indian judiciary, consider the following statements: (UPSC 2021)
1. Any retired judge of the Supreme Court of India can be called back to sit and act as a Supreme Court judge by the Chief Justice of India with the prior permission of the President of India.
2. A High Court in India has the power to review its own judgment as the Supreme Court does.
Which of the statements given above is/are correct?
A. 1 only B. 2 only C. Both 1 and 2 D. Neither 1 nor 2
2. In India, Judicial Review implies (UPSC 2017)
A. the power of the Judiciary to pronounce upon the constitutionality of laws and executive orders
B. the power of the Judiciary to question the wisdom of the laws enacted by the Legislatures
C. the power of the Judiciary to review all the legislative enactments before they are assented to by the President
D. the power of the Judiciary to review its own judgments given earlier in similar or different cases
3. Consider the following statements:
1. The motion to impeach a Judge of the Supreme Court of India cannot be rejected by the Speaker of the Lok Sabha as per the Judges (Inquiry) Act, 1968.
2. The Constitution of India defines and gives details of what constitutes 'incapacity and proved misbehaviour' of the Judges of the Supreme Court of India
3. The details of the process of impeachment of the Judges of the Supreme Court of India are given in the Judges (Inquiry) Act, of 1968.
4. If the motion for the impeachment of a Judge is taken up for voting, the law requires the motion to be backed by each House of the Parliament and supported by a majority of the total membership of that House and by not less than two-thirds of total members of that House present and voting.
Which of the statements given above is/are correct?
A. 1 and 2 B. 3 only C. 3 and 4 only D. 1, 3 and 4
4.The power to increase the number of judges in the Supreme Court of India is vested in (UPSC 2014)
A. the President of India B. the Parliament C. the Chief Justice of India D. the Law Commission 5.The power of the Supreme Court of India to decide disputes between the Centre and the States falls under its (UPSC P 2014)
A. advisory jurisdiction B. appellate jurisdiction. C. original jurisdiction D. writ jurisdiction Answers: 1-A, 2-A, 3-C, 4-B, 5-C
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