Recently, President Droupadi Murmu appointed Justice Sanjiv Khanna as the 51st Chief Justice of India (CJI), following the recommendation of CJI D.Y. Chandrachud. Justice Khanna, the seniormost judge of the Supreme Court of India, will take over on November 10, 2024, after the retirement of CJI Chandrachud, and hold office until May 13, 2025. The Chief Justice of India plays a pivotal role as the head of the Indian judiciary and the Supreme Court, ensuring justice for all citizens and upholding the Constitution of India.
Qualifications for the Chief Justice of India
To be eligible for the post of CJI, the individual must fulfill certain criteria. Apart from being an Indian citizen, the person must either:
- Have served as a judge in a High Court or two or more such courts for at least five years.
- Have been an advocate in a High Court or two or more such courts for at least ten years.
- Be regarded as a distinguished jurist by the President of India.
Appointment Process
The appointment of the Chief Justice of India is governed by Article 124 of the Constitution of India. By convention, the senior-most judge of the Supreme Court is typically appointed as the next CJI. The Collegium System plays a crucial role in this process. The outgoing CJI, after consulting the four most senior judges of the Supreme Court, recommends the next CJI to the President of India. Although the Union Law Minister forwards this recommendation to the Prime Minister, who advises the President, the government’s role in objecting to the recommendation is quite limited.
The process for appointing the CJI officially begins when the Union Minister of Law seeks the recommendation of the outgoing CJI. As per convention, this process starts a month before the current CJI’s retirement. Despite the Centre having the final authority on the matter, it usually follows the outgoing CJI’s recommendation. However, exceptions have occurred in the past.
Notable Departures from Tradition
There have been instances where the convention of appointing the senior-most judge as CJI was ignored. A significant example is when Justice A.N. Ray was appointed Chief Justice in 1973, superseding three more senior judges following the Kesavananda Bharati case, which laid down the basic structure doctrine. Another instance was in 1977, when Justice M.H. Beg was appointed as CJI, bypassing Justice H.R. Khanna, who had famously dissented in the ADM Jabalpur case, which upheld the suspension of fundamental rights during the Emergency.
The Evolution of the Collegium System
The current process for selecting the Chief Justice of India and other judges of the Supreme Court was shaped by a series of judicial decisions known as the Judges Cases. In the First Judges Case (1981), the Second Judges Case (1993), and the Third Judges Case (1998), the Supreme Court established the Collegium System for the selection of judges. The Memorandum of Procedure (MoP), finalized in 1999, formalized this process and is essential in regulating the appointment of Supreme Court and High Court judges. The Collegium System remains a judicial innovation, not outlined in the Constitution or legislation, and it ensures that the judiciary itself plays a primary role in the appointment of judges.
Efforts to alter this system, such as the National Judicial Appointments Commission (NJAC), were struck down by the Supreme Court in 2015, reinforcing the Collegium’s authority. The MoP continues to be a vital document in defining the Centre’s and judiciary’s obligations in the appointment process, though certain aspects remain under negotiation between the government and the judiciary.
Duties and Powers of the Chief Justice of India
The CJI holds considerable responsibilities, both administrative and judicial. As the administrative head of the Supreme Court, the CJI has the authority to:
- Allocate cases to different benches of the court.
- Appoint constitutional benches to handle significant legal matters.
- Decide the number of judges who will hear a particular case.
Additionally, according to Article 128, a retired Supreme Court judge may be called upon by the CJI, with prior approval from the President, to act as a judge in the Supreme Court. The CJI’s influence in case allocation and bench composition means they can affect the outcome of important decisions, making their role central to the functioning of the judiciary. However, these powers are exercised without collegial consensus, giving the CJI considerable discretion.
Removal Process
The Chief Justice of India holds office until the age of 65, unless removed earlier through impeachment. The grounds for removal include proven misbehavior or incapacity, as outlined in Article 124(4) of the Constitution. The removal process is initiated through a motion in Parliament, which requires support from two-thirds of the members present and voting in each House, as well as a majority of the total membership.
Significance of the CJI’s Role
The office of the Chief Justice of India is often referred to as primus inter pares, or “first among equals.” While the CJI holds no additional judicial authority over other Supreme Court judges, the administrative powers vested in the CJI make the position immensely influential. By deciding which cases are heard by which judges, the CJI can shape the court’s docket and influence key constitutional and legal decisions. This unique combination of judicial and administrative powers underlines the critical importance of the Chief Justice’s office in maintaining the rule of law and upholding the Constitution of India.
The Chief Justice of India is not just a guardian of judicial independence but also plays a pivotal role in case management and ensuring that justice is delivered efficiently and effectively across the nation.