Recently, Justice Sanjiv Khanna has been appointed as the next Chief Justice of India (CJI), following the recommendation of the outgoing CJI D Y Chandrachud. This appointment marks the established convention within the Indian judiciary, wherein the seniormost judge of the Supreme Court is elevated to the position of CJI. Justice Khanna will serve a tenure of approximately six months until his retirement in May 2025.
Appointment Process Overview
The process of appointing the CJI is primarily governed by the Memorandum of Procedure (MoP), which outlines the steps to be followed. By convention, the appointment begins approximately one month prior to the retirement of the incumbent CJI. The outgoing CJI submits a recommendation to the Union Minister of Law, who then advises the Prime Minister, leading to the President’s formal appointment.
Basis of Appointment
The MoP stipulates that the appointment of the CJI should be of the seniormost judge deemed fit for the role. This has been a long-standing tradition, ensuring that experience and judicial acumen are paramount in this critical appointment. The MoP was formalised in 1999, although the practice predates this document.
Historical Context of Appointments
Historically, there have been deviations from this convention. Notably, during Indira Gandhi’s tenure, Justice A N Ray was appointed as CJI in 1973, superseding three senior judges. This decision was controversial, particularly as it followed an important Supreme Court ruling that could have influenced the government’s stance. Such instances underline the complexities and political nuances surrounding judicial appointments in India.
Judicial Appointments and the Collegium System
The Supreme Court Collegium, formed after landmark rulings in the 1980s and 1990s, plays important role in judicial appointments. This system emerged from the need for a peer-selection process, establishing a framework where the recommendations of the Collegium are binding on the government. The MoP, while not legislated, serves as a critical guideline for ensuring the independence of the judiciary.
Impact of the National Judicial Appointments Commission (NJAC)
The NJAC was introduced to enhance governmental influence in judicial appointments but was struck down by the Supreme Court in 2015. This decision reaffirmed the importance of the Collegium system and the MoP, preserving the judiciary’s autonomy. The renegotiation of the MoP in 2016 aimed to address concerns raised during the NJAC deliberations.
Future Prospects
With a series of upcoming appointments following Justice Khanna’s term, the landscape of the Indian judiciary is poised for changes. The age of retirement for Supreme Court judges, set at 65, directly influences the tenure of the CJI and subsequent appointments. The anticipated succession of judges like Justice B R Gavai and Justice Surya Kant will shape the future judicial environment.
Questions for UPSC:
- Discuss the significance of the Memorandum of Procedure in the appointment of the Chief Justice of India.
- What historical precedents exist regarding deviations from the convention of appointing the seniormost judge as CJI?
- Explain the role of the Supreme Court Collegium in the context of judicial appointments in India.
- Analyse the implications of the Supreme Court’s decision to strike down the National Judicial Appointments Commission.
- How does the age of retirement for Supreme Court judges affect the appointment process of the Chief Justice of India?
