Chief Justice of India explained

Post:Chief Justice
Body:India
Type:Chief Justice
Status:Presiding Judge
Insignia:Emblem of the Supreme Court of India.svg
Insigniasize:100px
Insigniacaption:Emblem of the SCI
Flag:Flag of India.svg
Flagsize:150px
Flagcaption:Flag of India
Flagborder:yes
Incumbent:Dhananjaya Yeshwant Chandrachud
Incumbentsince:9 November 2022
Department:Supreme Court
Seat:Supreme Court of India, New Delhi, India
Nominator:Outgoing Chief Justice of India, generally on the basis of Seniority
Appointer:President of India
Termlength:Until the age of 65 [1]
Constituting Instrument:Constitution of India (under Article 124)
First:H. J. Kania (1950–1951)[2]
Abbreviation:CJI
Salary: (per month)[3]
Residence:5, Krishna Menon Marg, Sunehri Bagh, New Delhi, India[4]
Succession:6th

The Chief Justice of India (CJI) (ISO:) is the highest-ranking officer of the Indian judiciary and the chief judge of the Supreme Court of India. The Constitution of India grants power to the President of India to appoint, as recommended by the outgoing chief justice in consultation with other judges as envisaged in Article 124 (2) of the Constitution,[5] the next chief justice, who will serve until they reach the age of 65 or are removed by the constitutional process of impeachment.

As per convention, the name suggested by the incumbent chief justice is almost always the next senior most judge in the Supreme Court. However, this convention has been broken twice. In 1973, Justice A. N. Ray was appointed, superseding three senior judges. Also, in 1977, Justice Mirza Hameedullah Beg was appointed as the chief justice, superseding Justice Hans Raj Khanna.

As head of the Supreme Court, the chief justice is responsible for the allocation of cases and appointment of constitutional benches that deal with important matters of law.[6] In accordance with Article 145 of the Constitution of India and the Supreme Court Rules of Procedure of 1966, the chief justice allocates all work to the other judges who are bound to refer the matter back to them (for re-allocation) in any case where they require it to be looked into by a larger bench of more judges.

On the administrative side, the chief justice carries out functions of maintenance of the roster, appointment of court officials, and general and miscellaneous matters relating to the supervision and functioning of the Supreme Court.

The 50th and present chief justice is Dhananjaya Y. Chandrachud. He was sworn in as the 50th chief justice of India on 9 November 2022.[7]

Appointment

As the incumbent chief justice approaches retirement, the Ministry of Law and Justice seeks a recommendation from the incumbent chief justice. Consultations with other judges might also take place. The recommendation is then presented to the prime minister, who will advice the President in the matter of appointment.[8]

Removal

Article 124(4) of the Constitution of India lays down the procedure for the removal of a judge of the Supreme Court, which is applicable to Chief Justices as well. Once appointed, the Chief Justice remains in office until age 65. There is no fixed tenure provided in the constitution. He can be removed only through a process of removal by Parliament as follows:

Acting president

The President (Discharge of Functions) Act, 1969[9] specifies the chief justice of India shall act as the president of India in the event of the offices of both the president and the vice president being vacant. When President Zakir Hussain died in office, Vice President V. V. Giri acted as the president. Later, Giri resigned as the vice president. The chief justice, Justice Mohammad Hidayatullah, then became the acting president of India. As per the convention, the senior most judge of the Supreme Court became the acting chief justice. When the newly elected president took office a month later, Justice Hidayatullah reverted as the chief justice of India.

Remuneration

The Constitution of India gives the power of deciding remuneration as well as other conditions of service of the chief justice to the Parliament of India. Accordingly, such provisions have been laid down in The Supreme Court Judges (Salaries and Conditions of Service) Act, 1958.[10] [11] This remuneration was revised in 2006–2008 after the Sixth Central Pay Commission's recommendation.[12] According to the Seventh pay commission, in 2016, the salary was revised.[13]

List of Chief Justices

See main article: List of chief justices of India.

See also: List of sitting judges of the Supreme Court of India.

See also

Current Judiciary

External links

Notes and References

  1. Web site: Supreme Court of India - CJI & Sitting Judges. 4 July 2015. 5 July 2015. https://web.archive.org/web/20150705170159/http://supremecourtofindia.nic.in/judges/judges.htm. live.
  2. Web site: Supreme Court of India Retired Hon'ble the Chief Justices' of India. 4 July 2015. 29 June 2015. https://web.archive.org/web/20150629065900/http://supremecourtofindia.nic.in/judges/rcji.htm. live.
  3. News: Supreme Court, High Court judges get nearly 200% salary hike. The Hindustan Times. 30 January 2018. 30 January 2018. 30 January 2018. https://web.archive.org/web/20180130165229/https://www.hindustantimes.com/india-news/supreme-court-high-court-judges-get-nearly-200-salary-hike/story-sRMnVUhOLqAgXJaVOf0VcN.html. live.
  4. Web site: Delhi confidential: Mutual Praise . 24 August 2021 . 19 April 2022 . 19 April 2022 . https://web.archive.org/web/20220419231843/https://indianexpress.com/article/delhi-confidential/caste-census-nitish-kumar-bihar-cm-delhi-confidential-7467557/ . live .
  5. Web site: Memorandum of procedure of appointment of Supreme Court Judges | Department of Justice | India . 5 May 2023 . 9 March 2024 . https://web.archive.org/web/20240309100126/https://doj.gov.in/memorandum-of-procedure-of-appointment-of-supreme-court-judges/ . live .
  6. News: New Captain Of The Ship, Change In Sailing Rules Soon?. Saxena. Namit. 23 December 2016. Live Law. en-US. 24 December 2016. 24 December 2016. https://web.archive.org/web/20161224043055/http://www.livelaw.in/new-captain-ship-change-sailing-rules-soon/. live.
  7. News: subscription . PTI . 2022-11-09 . D.Y. Chandrachud is sworn in as 50th Chief Justice of India . en-IN . The Hindu . 2022-11-09 . 0971-751X . live . https://web.archive.org/web/20221109051750/https://www.thehindu.com/news/national/justice-dy-chandrachud-sworn-in-as-50th-chief-justice-of-india/article66114002.ece . 2022-11-09 .
  8. Web site: Ministry of Law and Justice . Department Of Justice . 8 November 2021 . MEMORANDUM SHOWING THE PROCEDURE FOR APPOINTMENT OF THE CHIEF JUSTICE OF India AND JUDGES OF THE SUPREME COURT OF INDIA . 5 May 2023 . 9 March 2024 . https://web.archive.org/web/20240309100126/https://doj.gov.in/memorandum-of-procedure-of-appointment-of-supreme-court-judges/ . live .
  9. Web site: President Discharge of Functions Act 1969 Complete Act - Citation 134059 - Bare Act | LegalCrystal . 22 January 2019 . 26 June 2020 . https://web.archive.org/web/20200626164651/https://www.legalcrystal.com/act/134059/president-discharge-of-functions-act-1969-complete-act . dead .
  10. Web site: The High Court and Supreme Court Judges Salaries and Conditions of Service Amendment Bill 2008. PRS India. 23 July 2012. 22 August 2017. https://web.archive.org/web/20170822023037/http://www.prsindia.org/uploads/media/1230018357/1230018357_The_High_Court_and_Supreme_Court_Judges__Salaries_and_Conditions_of_Service__Amendment_Bill__2008.pdf. dead.
  11. Web site: Supreme Court Judges (Salaries and Conditions of Service) Act 1958. Ministry of Home Affairs, India. 23 July 2012. https://web.archive.org/web/20110104092701/http://mha.nic.in/pdfs/SC%28salary_and_condition_of_services%29act_1958.pdf. 4 January 2011.
  12. Book: 2008 . Archived copy . 17 December 2018 . 26 June 2020 . https://web.archive.org/web/20200626161319/https://www.prsindia.org/uploads/media/vikas_doc/docs/1241592662~~1230018357_The_High_Court_and_Supreme_Court_Judges__Salaries_and_Conditions_of_Service__Amendment_Bill__2008.pdf . dead .
  13. Web site: Pay, Allowance and Pension Department of Justice India . 2022-08-27 . en-US . 19 August 2022 . https://web.archive.org/web/20220819133647/https://doj.gov.in/pay-allowance/ . live .