Law ministry writes to Chief Justice of India Dipak Misra to recommend successor

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Mains Paper 2: Polity | Structure, organization & functioning of the Executive & the Judiciary

From UPSC perspective, the following things are important:

Prelims level: Memorandum of Procedure, Appointment of judges in SC

Mains level: Tussle between executive & judiciary in recent times and how it has affected the image of both the institutions


News

Following MoP

  1. The Union Law Ministry has formally communicated to Chief Justice of India Dipak Misra to recommend the name of his successor
  2. The move was according to the convention laid out in the Memorandum of Procedure (MoP), where the law minister at an appropriate time seeks the recommendation of the outgoing CJI for the appointment of the next CJI

MoP provisions

  1. According to the Memorandum of Procedure that governs the appointment of members of the higher judiciary, “appointment to the office of the Chief Justice of India should be of the senior-most judge of the Supreme Court considered fit to hold the office”
  2. Under this process, after receipt of the recommendation of the CJI, the law minister puts it before the Prime Minister who advises the President in the matter of appointment
  3. Whenever there is any doubt about the fitness of the senior-most Judge to hold the office of the Chief Justice of India, consultation with other Judges would be made for the appointment of the next Chief Justice of India
Judicial Appointments Conundrum Post-NJAC Verdict
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