• • The Centre, to appoint Justice Surya Kant as the 53th Chief Justice of India (CJI).
  • Justice Surya Kant is set to take over as the CJI on November 24 after CJI Gavai’s retirement on November 23.
  • By convention, the senior most judge of the SC (based on years of experience as a judge in the apex court) becomes the CJI. 
    • Article 124(1) of the constitution states “There shall be a Supreme Court of India consisting of a Chief Justice of India.”
    • In exercise of the powers conferred by Clause (2) of Article 124 of the constitution, the President appoints the CJI.
  • This process of appointing a CJI is put down in the ‘Memorandum of Procedure (MoP) for the appointment of Supreme Court Judges’.
    • No procedure for appointing the CJI is mentioned in the Constitution.
  • Appointment Process: The Union Minister of Law, Justice and Company Affairs seeks the recommendation of the outgoing CJI (D.Y Chandrachud) for the appointment of the next  CJI. 
  • The Union Minister of Law, Justice, then put up the recommendation to the Prime Minister who will advise the President in the matter of appointment.
  • Though the final word on appointing the next CJI technically lies with the Centre, by convention the Centre tends to appoint whoever the presiding CJI recommends as her successor.
  • All SC judges have to retire at 65 years of age, thus, the length of a CJI’s tenure, depends on how old they are at the time of their predecessor’s retirement. 
  • D.Y Chandrachud’s two-year term is among the longest in recent years whereas his father YV Chandrachud was the longest serving CJI with a term of seven years.
  • The first CJI was Harilal J Kania who was appointed on 28 Jan 1950.
    • Ranjan Gogoi was the first CJI from Assam.
  • Eligibility Criteria: Must be an Indian citizen.

• Qualification: 

• At least five years as a Judge of a High Court (or two or more in succession).

•  At least ten years as an advocate of a High Court (or two or more in succession).
• Distinguished jurist in the opinion of the President.

MCQ

Q. Consider the following statements regarding the appointment of the Chief Justice of India (CJI):

1. The procedure for appointing the CJI is explicitly laid down in Article 124 of the Constitution.
2. By convention, the senior-most judge of the Supreme Court is appointed as the next CJI.
3. The President of India appoints the CJI under Article 124(2) of the Constitution.
4. Ranjan Gogoi was the first Chief Justice of India from Assam.
   

Which of the statements given above is/are correct?

A. 1 and 2 only
B. 2, 3 and 4 only
C. 1, 3 and 4 only
D. 1, 2, 3 and 4

Answer: B

SOURCE