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  •  Justice Surya Kant takes oath as 53rd Chief Justice of India.

Appointment of Chief Justice of India (CJI)

  • Constitutional Provisions 
    • The Constitution of India does not mention any procedure for appointing the CJI. 
    • Article 124(1) of the Constitution says, “There shall be a Supreme Court of India consisting of a Chief Justice of India.”
    • Clause (2) of Article 124 of the Constitution says that the President shall appoint every Judge of the Supreme Court.
  • Convention: The outgoing CJI recommends his successor a practice strictly based on seniority.
  • Government Role: The Central government has no role to play in the appointment of the CJI except for the Union Law Minister seeking the recommendation from the incumbent CJI, before sending it to the Prime Minister.
  • Qualifications to become CJI: Apart from being an Indian citizen, the person must:
    • Have been for at least five years a Judge of a High Court or of two or more such Courts in succession or
    • Have been for at least ten years an advocate of a High Court or of two or more such Courts in succession, or
    • Be, in the opinion of the President, a distinguished jurist.
  • Appointment: The Chief Justice of India and the other judges of the Supreme Court are appointed by the President under clause (2) of Article 124 of the Indian Constitution.
  • Tenure: The tenure of a CJI is until they attain the age of 65 years.
  • Removal:
    • Ground for Removal: Proven misbehavior or incapacity.
    • A Judge of the Supreme Court shall not be removed from his office except by order of the President passed after an address by each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting.

Source: The Hindu