The Chief Justice of India (CJI) serves as the head of the Supreme Court and the highest-ranking officer in the Indian federal judiciary. While the Indian Constitution outlines the establishment of the Supreme Court in Article 124(1), it does not explicitly detail the appointment process for the Chief Justice. However, key judicial rulings have shaped the current framework governing these appointments.
The Second Judges Case (1993)
In a landmark ruling, the Supreme Court established in the Second Judges Case that the CJI must be the senior-most judge of the Supreme Court. This decision was pivotal in ensuring that the appointment of the Chief Justice is based on seniority, reinforcing the principle of meritocracy within the judiciary.
The Third Judges Case (1998)
The legal landscape was further refined in the Third Judges Case, where the Supreme Court emphasized the importance of a collaborative decision-making process. The court ruled that the Chief Justice must consult a collegium consisting of the four senior-most Supreme Court judges before making a recommendation for appointment. This collegial approach ensures that the selection process is transparent and representative, moving beyond a singular opinion of the CJI.
The collegium system established by the Third Judges Case has since been a critical framework for judicial appointments and transfers in both the Supreme Court and High Courts. This method aims to prevent unilateral decision-making and encourages broader consultation among senior judges.
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Justice Sanjiv Khanna’s Appointment
Justice Sanjiv Khanna is set to become India’s 51st Chief Justice, following the recommendation of current Chief Justice DY Chandrachud, who is retiring on November 11, 2024. Pending government approval, Justice Khanna’s appointment will mark a brief but significant six-month term, as he is scheduled to retire in May 2025. His legal career is distinguished by several landmark judgments that reflect his commitment to upholding justice and the rule of law.
Significance of the Appointment Process
The selection of the Chief Justice is a significant event in India’s judicial landscape, impacting the functioning of the highest court and, by extension, the interpretation of laws that affect millions of citizens. The processes and principles governing this appointment remain crucial to the rule of law in India.
The Indian Constitution does not specify the appointment procedure for the Chief Justice of India, judicial precedents like the Second and Third Judges Cases have created a robust framework that emphasizes seniority, consultation, and collective decision-making. This evolution reflects the judiciary’s commitment to fairness and transparency in its leadership roles.
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