Why in News?
Justice Surya Kant took oath as the 53rd Chief Justice of India at Rashtrapati Bhavan. Oath administered by President Droupadi Murmu.
Description:
APPOINTMENT OF THE CHIEF JUSTICE OF INDIA (CJI):
1. Constitutional Basis:
- Article 124(2) of the Constitution: Judges of the Supreme Court (including the CJI) are appointed by the President of India.
2. Convention: Senior-most Judge Principle:
- By long-standing convention (not in the Constitution), the senior-most judge of the Supreme Court is appointed as the CJI.
- This convention has been consistently followed since the Second Judges Case (1993).
3. Role of the Collegium:
- The outgoing CJI recommends the name of the next senior-most judge to the Government.
- The recommendation is processed through the Supreme Court Collegium.
4. Final Appointing Authority:
- President of India appoints the CJI after receiving the recommendation from the Government, which is based on the Collegium’s advice.
REMOVAL OF THE CJI (Impeachment Process):
1. Constitutional Provision:
- Removal of a Supreme Court judge (including the CJI) is under Article 124(4).
- A judge can be removed only on grounds of:
- Proved misbehaviour, or
- Incapacity.
2. Parliamentary Procedure: The impeachment process is the same for all Supreme Court judges:
Step 1: Notice of Motion
- A removal motion must be signed by:
- 100 Lok Sabha MPs, or
- 50 Rajya Sabha MPs.
- Submitted to the Speaker (Lok Sabha) or Chairman (Rajya Sabha).
Step 2: Admission
- Speaker/Chairman may admit or reject the motion.
Step 3: Inquiry Committee
Once admitted:
- A 3-member Inquiry Committee is formed:
- Chief Justice of India or a Supreme Court judge
- Chief Justice of a High Court
- An eminent jurist
They examine evidence and determine whether the charges are proven.
Step 4: Parliamentary Vote
If the committee finds the judge guilty of misbehaviour/incapacity:
- Both Houses must pass the motion separately by:
- Special majority (i.e., 2/3rd of members present and voting AND majority of total membership).
Step 5: Presidential Order
- If both Houses pass the motion, it goes to the President, who issues an order removing the judge.
Note: No Supreme Court judge has ever been successfully removed in India.
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