Chief Justice of India (CJI)

Why in News?

The Union government has requested Chief Justice of India (CJI) B.R. Gavai recommended his successor, initiating the appointment process. Justice Surya Kant, next in seniority, is set to become the 53rd CJI before Gavai’s retirement on November 24, 2025.

Description:

• The Chief Justice of India (CJI) formed a three-member committee to probe allegations against a Delhi High Court judge.

Constitutional Basis:

• Article 124(2): The President of India appoints the CJI, based on the Prime Minister’s advice, following a recommendation from the Union Law Minister.

Qualifications:

A person is eligible to be appointed as the CJI if they:

1. Are a citizen of India.
2. Have served as a Judge of a High Court for at least 5 years, or
3. Have been an Advocate of a High Court for at least 10 years, or
4. Are considered a distinguished jurist by the President.

Appointment Process:

1. The outgoing CJI recommends their successor based on seniority.
2. The Union Law Minister forwards the name to the Prime Minister.
3. The Prime Minister advises the President to make the appointment.
4. As per the Second Judges Case (1993), the senior-most Supreme Court judge is appointed as the CJI.

Tenure:

• No fixed tenure.
• Retirement age: 65 years (Article 124(2)).

Roles and Powers:

1. Master of the Roster: Allocates cases and decides bench composition in the Supreme Court.
2. Head of the Collegium: Leads the Collegium System for appointment and transfer of judges.
3. Administrative Authority: Supervises court administration, staff appointments, and case management.
4. Judicial Leadership: “First among equals” — no superior judicial power over other judges.

Removal (Article 124(4)):

• By President, after an address by Parliament supported by special majority in both Houses.
• Grounds:
  • Proven misbehavior, or
  • Incapacity.

Collegium System:

• Not established by law; evolved through Judges Cases (1981, 1993, 1998).
• For SC Appointments: CJI + 4 senior-most judges.
• For HC Appointments:
  • HC Collegium: Chief Justice + 2 senior-most judges of that HC.
  • SC Collegium: CJI + 2 senior-most SC judges.

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