Procedure for Selection of the Chief Justice of India (CJI)

Constitutional Basis

• Article 124(2) of the Constitution deals with the appointment of Supreme Court judges (including the CJI). The CJI is appointed by the President of India.

Seniority Convention

• By long-standing constitutional convention, the most senior judge of the Supreme Court is appointed as the next CJI.
• Seniority = date of appointment to the Supreme Court Bench.

Role of the Collegium

When the CJI’s post is falling vacant:

• The outgoing CJI recommends the name of the senior-most SC judge to the Government of India.
• This recommendation is part of the Collegium system, but only the CJI’s advice is required, not the full Collegium.

Role of the Law Ministry

• The Ministry of Law & Justice processes the recommendation.
• Sends it to the Prime Minister, who advises the President.

Appointment by the President

• The President formally appoints the recommended judge as the Chief Justice of India.
• Appointment is notified in the Gazette.

Oath of Office

• The President administers the oath of office to the new CJI at Rashtrapati Bhavan.
• Oath is under Article 124(6).

Tenure

• The CJI holds office until the age of 65.

Q. With reference to 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 judgement as the Supreme Court does.

Which of the statements given above is/are correct? 

[A] 1 only 

[B] 2 only 

[C] Both 1 and 2 

[D] Neither 1 nor 2