N.V. Ramana, the senior most judge of the Supreme Court, has been recommended to take charge as the country’s next top judge. This recommendation was put forth by the current Chief Justice of India (CJI), S A Bobde. Set to step into his role on 24th April 2021, Justice Ramana is expected to continue his term as the 48th CJI until 26th August, 2022.
Appointment of the Chief Justice of India
As the highest judicial officer in the country, the Chief Justice of India and other Supreme Court Judges are appointed by the President under clause (2) of Article 124 of the Indian Constitution. In what is a customary trend, the outgoing Chief Justice plays an instrumental role in recommending his successor. Once recommended, the Union Law Minister then forwards the recommendation to the Prime Minister. The final advisement to the President is made by the Prime Minister.
A significant ruling in the Second Judges Case in 1993, established that only the senior-most judge of the Supreme Court can be appointed to the office of the CJI. In light of this ruling, Justice Ramana’s recommendation aligns well with the established norm.
The Collegium System
A key aspect of our judicial system is the collegium system, which is not dictated by any Act of Parliament or constitutional provision but has evolved over time through various judgments. This system governs the appointment and transfer of judges. The Supreme Court collegium, which is responsible for such appointments, is led by the Chief Justice of India and includes four other senior-most judges of the court.
Administrative Powers of the Chief Justice of India
The Chief Justice of India is often referred to as ‘primus inter pares’ or first amongst equals. This title reflects the unique position of the CJI, who besides being an adjudicatory authority, also functions as the administrative head of the court. As part of his administrative duties, the Chief Justice holds the exclusive right to allocate specific cases to particular benches. He is also in charge of deciding the number of judges that will sit on a case. Through these rights, the Chief Justice can influence court outcomes by selecting judges who may favor a particular decision. These powers can be exercised independently, without the need for collegial consensus or any stated reasons.
Recent Development: Chief Justice Office under RTI
In a landmark ruling in 2019, the Supreme Court decreed that the office of the Chief Justice of India falls under the scope of the Right to Information (RTI) Act, 2005. This decision further reinforced transparency in the operations of the judicial system. The impact of this ruling on future court proceedings and operations remains to be seen.
