Justice B.R. Gavai takes charge as 52nd CJI

Why in the News?

Justice B.R. Gavai has been sworn in as the 52nd Chief Justice of India (CJI).

About the Chief Justice of India:

• The CJI is the head of the Supreme Court and the highest-ranking judicial officer in the country.
• As the “Master of the Roster,” the CJI has the exclusive authority to:
  • Constitute benches
  • Allocate cases among judges
  • Decide the schedule of hearings
• The CJI leads the judicial and administrative functions of the Supreme Court.
  • Holds administrative control as recognised in State of Rajasthan v. Prakash Chand (1997).
• The CJI is referred to as “first among equals” among Supreme Court judges.

Powers and functions of the CJI:

• Judicial Functions:

• • Assigns judges to the Constitution Benches. (Article 145)
  • Handles interpretation of important legal and constitutional matters. (Article 145)
  • Exercises judicial leadership by steering jurisprudential direction. (Article 145)
  • Exercises judicial authority in matters of national significance. (Article 136)
  • Protects fundamental rights through the Supreme Court’s original and appellate jurisdiction. (Article 32)

• Administrative Functions:

• • Maintains court roster and case listing. (Derived from judicial precedent and administrative conventions)
  • Supervises court staff and administration. (Based on administrative authority of the CJI)
  • Ensures smooth functioning of the Supreme Court. (Supreme Court Rules, 2013)
  • Holds disciplinary authority over subordinate judicial officers. (Administrative powers acknowledged in precedents)
  • Engages in administration of justice at the highest level. (Overarching responsibility under Article 145)

• Advisory Function:

• • Provides advisory input when consulted by the President. (Article 143)

Appointment and Terms:

• Article 124 of the Constitution empowers the President of India to appoint the CJI.
• Traditionally, the senior-most judge of the Supreme Court is appointed.
• Exceptions to this practice:
  • 1973: Justice A.N. Ray appointed over 3 senior judges.
  • 1977: Justice M.H. Beg appointed over Justice H.R. Khanna.
• Qualifications as outlined in Article 124(3):
  • Must be a citizen of India, and:
  • Served at least five years as a High Court judge, or
  • Practised at least ten years as a High Court advocate, or
  • Deemed a distinguished jurist by the President.

Selection Procedure:

• Governed by the Memorandum of Procedure for Appointment of Supreme Court Judges.
• The Union Law Minister seeks the outgoing CJI’s recommendation.
• The recommendation is processed as follows:
  • Sent to the Prime Minister by the Law Ministry.
  • Prime Minister advises the President.
  • President of India appoints the new CJI.
• No specific timeline is defined — the recommendation must be made at the “appropriate time”.

Tenure and Removal:

• CJI serves until the age of 65 years.
• Can only be removed through removal under Article 124(4):
  • Requires approval by both Houses of Parliament.
  • Must be supported by:
    • A majority of total membership, and
    • A two-thirds majority of members present and voting.
  • Grounds for removal: Proven misbehavior or incapacity.

[UPSC 2021] With reference to the Indian judiciary, consider the following statements: 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. 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