Type: Prelims Only

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.