Why in the News?
Chief Justice of India (CJI) B.R. Gavai formally recommended Justice Surya Kant, the senior-most judge of the Supreme Court of India, as his successor and 53rd CJI.
About the Chief Justice of India (CJI):
- Position and Authority: She/He is the head of the Supreme Court and the highest-ranking judicial officer in the Republic of India. Acts as the “Master of the Roster”, empowered to constitute benches, allocate cases, and schedule hearings.
- Administrative and Judicial Role: Leads both judicial and administrative functions of the Supreme Court, as affirmed in State of Rajasthan v. Prakash Chand (1997). Embodies the idea of “first among equals”, where every Supreme Court judge is equal in judicial authority, though the CJI heads administration.
- Judicial Powers (Constitutional Basis):
- Article 145 – Constitutes Constitution Benches and interprets laws involving substantial constitutional questions.
- Article 136 – Exercises special leave jurisdiction for appeals involving major legal principles.
- Article 32 – Safeguards Fundamental Rights under the Court’s original jurisdiction.
- Judicial Leadership: Shapes the jurisprudential direction of the Supreme Court through allocation of landmark constitutional cases and formation of larger benches.
- Administrative Responsibilities:
- Manages the Supreme Court’s roster system, case assignments, and judicial schedules.
- Oversees registry operations, staff management, and disciplinary matters across subordinate courts.
- Ensures judicial governance, transparency, and institutional coordination with the executive and legislature.
- Advisory Jurisdiction (Article 143): The President of India may refer legal or constitutional questions for the Court’s advisory opinion; the CJI leads and represents the Court’s collective advisory view.
- Appointment Process (Article 124):
- The President appoints the CJI based on seniority convention — the senior-most Supreme Court judge is recommended by the outgoing CJI.
- The Law Minister seeks the outgoing CJI’s recommendation, which is forwarded via the Prime Minister to the President for formal appointment.
- Historical Exceptions:
- Justice A.N. Ray (1973) – superseded three senior judges post-Kesavananda Bharati.
- Justice M.H. Beg (1977) – superseded Justice H.R. Khanna after ADM Jabalpur.
- Qualifications (Article 124(3)): Must be an Indian citizen with either:
- 5 years as a High Court judge, or
- 10 years as a High Court advocate, or
- Recognition as a distinguished jurist by the President.
- Tenure and Retirement: Holds office until age 65 under Article 124(2).
- Removal (Article 124(4)): Possible only through impeachment by Parliament for proven misbehaviour or incapacity, requiring:
- Majority of total membership in both Houses, and
- Two-thirds majority of members present and voting.
| [UPSC 2021] With reference to the Indian judiciary, consider the following statements:
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? Options: (a) 1 only (b) 2 only (c) Both 1 and 2 * (d) Neither I nor 2 |
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