Chief Justice of India (CJI)

The President appoints the CJI under Article 124(2) based on the PM’s advice, following a recommendation from the Union Law Minister.

Chief Justice of India (CJI)
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Chief Justice of India (CJI) Latest News

CJI Forms Three-Member Committee to Probe Allegations Against Delhi High Court Judge

About the Chief Justice of India (CJI)

  • Qualifications of CJI: A person is eligible to be appointed as Chief Justice of India if they:
    • Are a citizen of India.
    • Have served as a Judge of a High Court for at least five years.
    • Have been an advocate in a High Court for at least ten years.
    • Are considered a distinguished jurist by the President of India.

Appointment of CJI

  • The President appoints the CJI under Article 124(2) of the Constitution.
  • The outgoing CJI recommends their successor based on seniority.
  • The Union Law Minister forwards the recommendation to the Prime Minister, who then advises the President.
  • As per the Second Judges Case (1993), the senior-most Supreme Court judge is appointed as the CJI.

Role and Powers of the CJI

  • Master of the Roster: The CJI allocates cases to Supreme Court benches and decides the composition of benches.
  • Head of the Collegium System: The CJI leads the Supreme Court Collegium, responsible for appointing and transferring judges.
  • Administrative Authority: The CJI supervises court administration, staff appointments, and judicial proceedings management.
  • Judicial Leadership: The CJI is first among equals and does not hold superior judicial power over other judges.

Removal of CJI or Judges

  • A Supreme Court judge, including the CJI, can be removed by the President after an address by Parliament supported by a special majority.
  • Grounds for removal (Article 124(4)):
    • Proven misbehavior
    • Incapacity

What is the Collegium System?

  • A mechanism for appointing and transferring judges in the Supreme Court and High Courts.
  • Not established by an Act of Parliament, but evolved through Supreme Court judgments (Judges Cases).
  • For SC Appointments: CJI + four senior-most judges.
  • For HC Appointments:
    • HC-level Collegium: Chief Justice of HC + two senior judges.
    • SC-level Collegium: CJI + two senior-most SC judges.

Chief Justice of India (CJI) FAQs

Q1: Who appoints the Chief Justice of India?

Ans: The President of India appoints the Chief Justice of India (CJI) under Article 124(2) of the Constitution.

Q2: What is the tenure of the Chief Justice of India?

Ans: There is no fixed tenure for the CJI, but they retire at the age of 65 years as per Article 124(2).

Q3: How is the CJI selected?

Ans: The senior-most judge of the Supreme Court is usually appointed as the CJI based on the collegium system.

Source: TH

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