The recent appointment of Justice Dhanajaya Yeshwant Chandrachud as the 50th Chief Justice of India (CJI) marks a significant event in the judiciary of India. Succeeding the 49th CJI, Uday Umesh Lalit, Justice Chandrachud is set to hold a tenure of two years until his retirement on November 10, 2024. This article explores key facts about the position of the Chief Justice of India, including qualifications, appointment, powers, removal, and recent developments.
Qualifications for the Chief Justice of India
To be eligible for the position of CJI, an individual must be a citizen of India with specific legal experience. This includes at least five years of service as a High Court judge or tenure in two or more such courts successively. Alternatively, they should have spent at least ten years as an advocate of a High Court or of two or more such Courts in succession. The President also has the discretion to nominate a distinguished jurist.
Appointment of the Chief Justice of India
The appointment procedure for the CJI is outlined in clause (2) of Article 124 of the Constitution. The outgoing CJI recommends his successor, with this suggestion passed through the Union Law Minister to the Prime Minister, and ultimately to the President. According to the Second Judges Case in 1993, the position should be offered to the senior-most judge of the Supreme Court. Further, the Supreme Court collegium, led by the CJI and consisting of the four other senior-most judges, plays a major role in the process.
Administrative Powers of the Chief Justice of India
While making judicial decisions, the CJI also functions as the administrative head of the court, often referred to as primus inter pares – first among equals. Their powers include allocating cases to specific benches and determining the number of judges assigned to a case. The CJI can exercise these administrative powers single-handedly, without providing reasons or requiring collegial consensus.
Removal of the Chief Justice of India
The removal process for the CJI is prescriptive. An order from the President can only remove the CJI following the presentation of an address by Parliament. This should be endorsed by a special majority of each House of Parliament. Grounds for removal are limited to proved misbehavior or incapacity (Article 124(4)).
Recent Development
An important recent development transpired in 2019 when the Supreme Court ruled that the office of the Chief Justice of India falls within the jurisdiction of the Right to Information (RTI) Act, 2005. This ruling enhances transparency in the judiciary.
Understanding the Indian Judiciary: A Previous Year Question (PYQ)
For further understanding, consider the following question from the 2021 UPSC Civil Services Examination:
“With reference to the Indian judiciary, consider the following statements:
1. Any retired judge of the Supreme Court of India can be called back to sit and act as a Supreme Court judge by the Chief Justice of India with the prior permission of the President of India.
2. A High Court in India has the power to review its own judgement as the Supreme Court does.
Which of the statements given above is/are correct?”
The correct answer was both 1 and 2. This demonstrates that the Chief Justice of India can request any qualified person, including former Supreme Court or High Court judges, to sit and act as a Supreme Court judge, with the prior consent of the President (Article 128). Furthermore, both the High Court and the Supreme Court have the power to review their own judgments (Articles 226 and 137). This insight provides a deeper understanding of the intricacies of the Indian judiciary system.