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Context:  

Justice Sanjiv Khanna has been appointed as the next (51st) Chief Justice of India (CJI).

Details

The President of India appointed Justice Sanjiv Khanna as the next Chief Justice of India (CJI). This decision follows the recommendation from the current CJI, D Y Chandrachud.

Justice Khanna, who is the senior-most judge in the Supreme Court, will take over from CJI Chandrachud on November 11, just a day after Chandrachud's retirement. He is expected to serve as CJI for about six months until his own retirement on May 13, 2025.

How is the CJI Appointed?

By convention, the senior-most judge of the Supreme Court becomes the CJI. This principle has been formalized in the Memorandum of Procedure (MoP), which outlines the process for appointing Supreme Court judges.

According to the MoP, the appointment should be made for the “senior most judge of the Supreme Court considered fit” for the role. This guideline has been followed even before the MoP was established in 1999.

The process starts when the Union Minister of Law and Justice asks the outgoing CJI for a recommendation about who should be the next CJI. This generally happens about a month before the current CJI retires. For example, CJI Chandrachud sent his recommendation to the government on October 17.

After the recommendation is accepted, the Union Minister will present it to the Prime Minister, who advises the President on the appointment. Although the final decision lies with the government, it generally follows the CJI's recommendation.

The Parliament fixes the salary and working conditions for the CJI, which are specified in The Supreme Court Judges (Salaries and Conditions of Service) Act, 1958.

Evolution of the MoP

The MoP's development derived from several landmark Supreme Court cases—the First Judges Case (1981), Second Judges Case (1993), and Third Judges Case (1998). These cases established a collegium system for selecting judges, which involves the senior-most judges of the Supreme Court.

The MoP was first drafted in 1999, it highlights how judges are appointed, and the roles of the government, the Supreme Court, and the High Courts in the appointment process. Notably, this process is a judicial innovation and not rooted in formal legislation or constitutional text.

Note: In 1973, the Government appointed Justice A N Ray as CJI, bypassing three senior judges. This was seen as politically motivated, especially since Justice Ray was viewed as more favorable to the government.

Tenure of CJIs

He serves until the age of 65, with no fixed term in the Constitution, however, he can be removed through a constitutional process. According to Article 124(4), a chief justice can only be removed if both Houses of Parliament support this decision by a two-thirds majority, based on misconduct or incapacity.

Note: In the situation where both the President and Vice President are absent, the CJI acts as the president. This is outlined in the President (Discharge of Functions) Act, 1969. For example, after President Zakir Hussain's death, Justice Mohammad Hidayatullah temporarily took on this role.

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Source: 

Indian Express

Wikipedia

PRACTICE QUESTION Q.Consider the following statements in the context of the Chief Justice Of India (CJI): 1. The President fixes the salary and working conditions for the CJI. 2. He/she serves until the age of 65, with no fixed term in the Constitution,  3. In the situation where both the President and Vice President are absent, the CJI acts as the president. How many of the above statements are correct? A) Only one B) Only two C) All three D) None Answer: B Explanation: Statement 1 is incorrect: The salary and working conditions for the CJI are fixed by laws passed by Parliament. Statement 2 is correct: The CJI serves until the age of 65 years as per Article 124 of the Constitution, and there is no fixed term specified. Statement 3 is correct: According to the President (Discharge of Functions) Act, 1969, if both the President and Vice President are unable to perform their duties, the CJI can act as the President.