Q.2 Seniormost judge of the Supreme Court is appointed as the Chief Justice of India. What are the issues with such a process? Suggest the way forward. (15 Marks)

Mentor’s comment-
  • https://www.thehindu.com/opinion/lead/a-wish-list-for-reform-in-indias-higher-judiciary/article65549982.ece
  • In the intro, mention that Article 124 mentions no special provision for the appointment of the Chief Justice of India.
  • In the body mention the Second Judges case (1993) and the subsequent Memorandum of Procedure that forms the basis for the appointment of the Chief Justice of India and the lack of constitutional basis for such appointment. Also mention that the appointment of the judges of the Supreme Court comes under the power of the President. In the way forward mention appointing the Chief Justice of the High Courts as CJI.
  • Conclude by mentioning the need for changes in order to align it more with the constitutional provisions.
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Deepti Maurya
Deepti Maurya
6 days ago

order id 567108

Payal Patel
Payal Patel
5 days ago

Order no #579211