Chief Justice of India (CJI) is the head of the Indian judiciary and the Supreme Court of India. Under Article 124 (2) of the Constitution, the President of India appoints all Supreme Court judges, including the Chief Justice of India. He is one of the highest-ranked persons in the order of precedence in our Country. He is also often called the Master of the Roster. Justice Dhananjaya Yeshwant Chandrachud is the 50th Chief Justice of India (CJI). Here we will discuss the Chief Justice of India which is an important topic for UPSC IAS Preparation.

Chief Justice of India

• The Chief Justice of India is the head of India's judicial system.
• However, the Indian Constitution makes no mention of criteria or procedures for appointing the CJI.
• Article 126, which deals with the appointment of an acting CJI, is the closest mention.
• The approach is based on custom and convention in the absence of a constitutional provision.
• The chief justice is in charge of allocating cases and appointing constitutional benches that deal with critical legal issues.
• Article 145 of the Constitution grants the Chief Justice of India the authority to assign relevant subjects to the bench of justices.

Chief Justice of India - Appointment

• The President appoints the Chief Justice of India (CJI) under Article 124(2) of the Constitution.
• In terms of the CJI, the retiring CJI proposes his successor. The suggestion is forwarded by the Union Law Minister to the Prime Minister, who then advises the President.
• In the Second Judges Case (1993), the Supreme Court declared that the CJI should be selected only by the Supreme Court's senior-most judge.
• In the Third Judges case (1998), the Supreme Court declared that the Chief Justice of India's consultation procedure necessitates "consultation with a plurality of judges."
• The CJI's single opinion does not define the consultation process. He or she should consult a collegium of four senior Supreme Court justices, and even if two of them disagree, he or she should not pass the idea on to the government.
• As a result of the "third judges case," the Collegium system was formed, and it has been in use since 1998 in the High Courts and Supreme Courts to nominate and transfer judges.
• Article 217 governs the nomination of High Court justices, stating that the President must confer with the CJI, Governor, and Chief Justice of the High Court in question.
• As a result, a CJI serves until the age of 65, whereas High Court justices retire at the age of 62.

Chief Justice of India - Qualifications

• A person seeking appointment as a Supreme Court judge should possess the following qualifications:
  • He/she must be an Indian citizen.
  • He/she must have served as a judge of a High Court (or High Courts in succession) for at least five years, or he/she must have served as an advocate of a High Court (or High Courts in succession) for at least ten years, or he/she must be a distinguished jurist in the president's judgement.

• Thus, the Constitution does not specify a minimum age for nomination as a Supreme Court judge.
• Retirement at the age of 65 years.
• Condition for removal
  • Resignation
  • Impeachment
  • Proven misconduct and incapacity are grounds for dismissal.

Chief Justice of India - Powers and Functions

• The Chief Justice of India is known as the master of roster because he is in charge of distributing cases and appointing constitutional benches that deal with crucial issues.
• Allocates all work to the other judges, who are obligated to return the subject back to the CJI in any situation where they believe it ought to be reviewed by a bigger bench of more judges.
• The oath of office to the President is administered by the Chief Justice of India and in his absence, the senior most judge of the Supreme Court available.
• The authority to designate court officials
• Advisory powers allow the CJI to direct and advise the government on certain matters.
• In emergency scenarios, discharges the president's function if the offices of President and Vice President become abruptly empty.
• If there is any doubt regarding a constitutional clause, the Supreme Court's interpretation is the only one that counts.
• Assist the President in the nomination of Supreme Court and High Court judges.
• The consultation with the chief justice is obligatory by the President in the case of appointment of a judge other than the Chief justice.

Selection procedure of Chief Justice of India

• A nine-judge Supreme Court bench declared in 1993 that the seniority of judges must be considered when appointing the CJI, and that the CJI must be consulted when appointing other Supreme Court judges.
• However, in the Supreme Court, seniority is decided not by age, but by the date a judge was appointed to the Court.
• If two justices are raised to the Supreme Court on the same day,
  • The one who was sworn in earlier will take precedence over the other.
  • If both were sworn in as judges on the same day, the one with more years of high court service will take precedence.
  • Appointments from the Supreme Court bench are accorded higher priority than those from lower courts.
• When the current CJI is due to retire, the Ministry of Law, Justice, and Corporate Affairs seeks the CJI's proposal to nominate the next CJI.
• For example: The previous CJI Chief Justice of India U.U. Lalit nominated Justice DY Chandrachud as his successor during a meeting involving other judges of the Supreme Court held on October 11, 2022.
• The government cannot return the CJI's (or the collegium) suggestion back to them for reconsideration in the selection of the CJI, although it can do so in the appointment of other supreme court members.

Exceptions of the Seniority principle

• The seniority principle has been defeated three times in the Court's history.
• This convention was broken for the first time in 1964, when Justice Gajendragadkar was appointed Chief Justice, succeeding Justice Imam.
• The seniority principle was then defeated twice during PM Indira Gandhi's tenure.
• Again in 1973 the Indira Gandhi government chose Justice A.N. Ray as Chief Justice of India, succeeding Justice Shelat, the Court's senior-most Judge, as well as two other Judges, which was also criticised.
• The Union cabinet then chose to name Justice Beg as CJI, succeeding or replacing Justice Khanna.
• In another incident, the Union government decided to appoint Justice Beg as CJI, succeeding or replacing Justice Khanna.
• In ADM Jabalpur v. Shivkant Shukla (1976), Justice Khanna, the sole dissenter, stated that the Right to Life under Article 21 could not be suspended even during a National Emergency.

Conclusion

The court, as the fundamental safeguard of civil freedoms, must remain entirely autonomous and unaffected by the Executive's direct and indirect influence. Because the Constitution establishes a unified legal system with the Supreme Court at its top, the Supreme Court has immense authorities and functions. Given the Supreme Court's great power, the Chief Justice must urge resilience and the capacity to accept and adapt to change as a fundamental aspect in carrying out his or her duties.

FAQs

MCQs

1. Who appoints the Chief Justice of India?

A. Prime Minister
B. President
C. Parliament
D. Chief Justice of the High Court

2. What is one of the primary functions of the Chief Justice of India?

A. Making laws
B. Presiding over court proceedings
C. Appointing the President
D. Conducting elections

3. Which of the following is NOT a power of the Chief Justice of India?

A. Allocating cases to benches
B. Appointing judges
C. Creating laws
D. Managing court schedules

4. What role does the Chief Justice of India play in judicial appointments?

A. Final approval of all appointments
B. Proposing names for appointment
C. Conducting interviews of candidates
D. None of the above

5. Which of the following statements about the Chief Justice of India is TRUE?

A. The CJI can be removed by a simple majority in Parliament.
B. The CJI serves for life.
C. The CJI is appointed by the President.
D. The CJI has no role in administrative matters.

GS Mains Questions and Model Answers

1. Evaluate the impact of the Chief Justice of India on the functioning of the judiciary.

Answer: The Chief Justice of India significantly impacts the functioning of the judiciary through various means, including case allocation, judicial leadership, and administrative oversight. By presiding over constitutional benches and critical cases, the CJI influences legal precedents and interpretations of the Constitution. Additionally, the CJI’s role in the collegium system ensures that qualified judges are appointed, which is crucial for maintaining judicial integrity and independence. The effectiveness of the judiciary in delivering justice is largely contingent on the CJI’s leadership and vision for a fair and accountable legal system.

2. Discuss the challenges faced by the Chief Justice of India in upholding judicial independence.

Answer: The Chief Justice of India faces several challenges in upholding judicial independence, including political pressures, public scrutiny, and resource constraints. Increasing politicization of the judiciary can undermine its authority, while the backlog of cases can hinder timely justice delivery. Moreover, maintaining the integrity of judicial appointments amidst external influences poses a constant challenge. To preserve judicial independence, the CJI must navigate these pressures while ensuring that the judiciary remains a robust guardian of constitutional rights and freedoms.

3. Analyze the significance of the collegium system in judicial appointments in India.

Answer: The collegium system is significant in India as it establishes a framework for judicial appointments and transfers based on merit and seniority, aiming to safeguard the independence of the judiciary. By involving senior judges in the selection process, the collegium helps ensure that candidates are evaluated based on their professional competence and integrity. However, this system has faced criticism for its opacity and lack of accountability. Reforming the collegium system while maintaining judicial independence is essential for enhancing the credibility of the appointment process in the Indian judiciary.

Previous Year Questions on Chief Justice of India

1. UPSC CSE Prelims 2019

Question: Who is responsible for appointing the Chief Justice of India?
A. The Prime Minister
B. The President of India
C. The Parliament
D. The Chief Justice of the Supreme Court

Answer: B

Explanation: The President of India is responsible for appointing the Chief Justice of India, traditionally based on seniority among the judges of the Supreme Court.

2. UPSC CSE Mains 2020 (GS Paper 2)

Question: "The role of the Chief Justice of India in maintaining the Constitution and upholding justice is paramount." Discuss.

Answer: The Chief Justice of India plays a paramount role in maintaining the Constitution and upholding justice through the interpretation of laws, safeguarding fundamental rights, and ensuring the rule of law. By presiding over significant cases, the CJI sets legal precedents that shape the judicial landscape. Moreover, the CJI’s involvement in judicial appointments ensures that competent individuals occupy critical judicial roles, further strengthening the judiciary's ability to deliver justice effectively and fairly.