Who has been sworn in as the 51st Chief Justice of India (CJI)
Justice Sanjiv Khanna has been sworn in as the 51st Chief Justice of India (CJI). The oath of office and secrecy was administered by President Droupadi Murmu at a ceremony held in the Rashtrapati Bhavan.
Appointment of the Chief Justice of India:
The appointment of the Chief Justice of India generally follows the established convention where the senior-most judge of the Supreme Court, deemed suitable for the role, is appointed as the CJI. This appointment usually occurs based on the recommendation of the outgoing CJI. Notably, this convention has been broken three times in the past—in 1964, 1973, and 1977. The Minister of Law, Justice, and Corporate Affairs seeks this recommendation, which is forwarded to the Prime Minister. The Prime Minister then advises the President regarding the appointment. Under Article 124(2) of the Constitution, the President must appoint every judge of the Supreme Court, and a judge, including the Chief Justice, serves until the age of 65.
Key Roles and Responsibilities of the CJI:
- First Among Equals: In the case of State of Rajasthan v. Prakash Chand (1997), the Supreme Court held that the CJI, while being the head of the judiciary and in a position of leadership, does not exercise any superior judicial authority over the other judges of the Supreme Court.
- Master of the Roster: The CJI holds the exclusive power to constitute benches, including Constitution Benches, for hearing cases.
- Head of the Collegium: The CJI leads the collegium responsible for recommending judicial appointments and transfers in the higher judiciary.
- Appointment of Supreme Court Officials and Staff: As per Article 146, appointments of court officials and staff are made by the CJI or any other judge or officer directed by the CJI.
About the Collegium System:
The collegium system is a mechanism for recommending appointments of judges to the higher judiciary, including the Supreme Court and High Courts. The appointment process is governed by Articles 124 and 217 of the Constitution, which relate to appointments to the Supreme Court and High Courts, respectively.
- Supreme Court Appointments: The collegium for the Supreme Court consists of the CJI and the four senior-most judges of the Supreme Court.
- High Court Appointments: The High Court collegium comprises the Chief Justice of the respective High Court and the two senior-most judges of that High Court. Additionally, the collegium system in the Supreme Court, which handles recommendations for appointments to the High Courts, includes the CJI and the two senior-most judges of the Supreme Court.
The collegium system plays a pivotal role in maintaining the independence of the judiciary and ensuring transparency in judicial appointments.