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Chief Justice of India (CJI)
Context
Chief Justice of India (CJI) Dhananjaya Y Chandrachud set in motion the process for appointing his successor by recommending justice Sanjiv Khanna, the Supreme Court’s senior-most judge, to the Union government.
Who is a CJI?
- The Chief Justice of India (CJI) is appointed by the President of India.
- The process of appointment involves consultation between the President and the current Chief Justice of India, as well as other key officials.
- The procedure is outlined in Article 124 of the Indian Constitution.
- Appointment Consultation: The President of India, while appointing the Chief Justice of India, is required to consult with the following individuals:
- The Chief Justice of India
- The Judges of the Supreme Court and High Courts as the President deems necessary.
- Recommendation by the Outgoing CJI: Typically, the outgoing Chief Justice of India recommends the name of the most senior judge of the Supreme Court as the next Chief Justice. The seniority is determined based on the length of service as a judge.
- President's Decision: After consultations and considering the recommendations, the President makes the final decision on the appointment of the Chief Justice of India.
- Oath of Office: Once appointed, the new Chief Justice of India takes the oath of office before the President. It's important to note that the appointment of the Chief Justice of India is based on the principle of seniority, and the most senior judge of the Supreme Court is typically appointed to the position.
- However, the President is not bound by the principle of seniority and has the discretion to appoint any judge of the Supreme Court as the Chief Justice.
- The Chief Justice of India holds office until the age of 65 years or until retirement, whichever is earlier.
- If a Chief Justice demits office, the President appoints the next senior-most judge of the Supreme Court as the new Chief Justice.
- The process is designed to ensure the independence of the judiciary and the continuity of leadership within the Supreme Court.
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