⭐ Constitutional Provisions Related to the Appointment of the Chief Justice of India (CJI)
Article 124(1):
This article provides for the establishment of the Supreme Court of India, stating that “There shall be a Supreme Court of India consisting of a Chief Justice of India…”
Article 124(2):
* Power of Appointment: According to this article, every judge of the Supreme Court (including the CJI) is appointed by the President through a warrant under his hand and seal.
* Consultation: In the case of the appointment of the CJI, the President is required to consult such judges of the Supreme Court and High Courts as he may deem necessary.
* Age of Retirement: This article also specifies that the retirement age of Supreme Court judges is 65 years.
“Principle of Seniority”:
* The Constitution does not prescribe any specific procedure for the appointment of the CJI (for example, that only the senior-most judge should be appointed).
* However, by long-standing convention, the outgoing CJI usually recommends the senior-most judge of the Supreme Court as his successor.
* This convention has been codified in the Memorandum of Procedure (MoP) — a document that outlines the agreed procedure between the Government and the Judiciary for the appointment of judges.
Procedure of Appointment (as per the MoP):
1. The Law Minister, at the appropriate time, requests the outgoing Chief Justice of India to recommend a name for the next CJI.
2. The outgoing CJI recommends the name of the senior-most judge of the Supreme Court.
3. The Law Minister forwards this recommendation to the Prime Minister.
4. The Prime Minister advises the President on the matter of appointment.
5. The President, under Article 124(2), formally appoints the new Chief Justice of India.
@GuidelyLearn
Article 124(1):
This article provides for the establishment of the Supreme Court of India, stating that “There shall be a Supreme Court of India consisting of a Chief Justice of India…”
Article 124(2):
* Power of Appointment: According to this article, every judge of the Supreme Court (including the CJI) is appointed by the President through a warrant under his hand and seal.
* Consultation: In the case of the appointment of the CJI, the President is required to consult such judges of the Supreme Court and High Courts as he may deem necessary.
* Age of Retirement: This article also specifies that the retirement age of Supreme Court judges is 65 years.
“Principle of Seniority”:
* The Constitution does not prescribe any specific procedure for the appointment of the CJI (for example, that only the senior-most judge should be appointed).
* However, by long-standing convention, the outgoing CJI usually recommends the senior-most judge of the Supreme Court as his successor.
* This convention has been codified in the Memorandum of Procedure (MoP) — a document that outlines the agreed procedure between the Government and the Judiciary for the appointment of judges.
Procedure of Appointment (as per the MoP):
1. The Law Minister, at the appropriate time, requests the outgoing Chief Justice of India to recommend a name for the next CJI.
2. The outgoing CJI recommends the name of the senior-most judge of the Supreme Court.
3. The Law Minister forwards this recommendation to the Prime Minister.
4. The Prime Minister advises the President on the matter of appointment.
5. The President, under Article 124(2), formally appoints the new Chief Justice of India.
@GuidelyLearn
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