The Chief Justice of India is the highest-ranking judge in the Supreme Court of India, and thus
holds the highest judicial position in India.
As well as presiding in the Supreme Court, the Chief Justice also heads its administrative
functions.
As the chief judge, the Chief Justice is responsible for the allocation of cases and appointment
of constitutional benches which deal with important matters of law.
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 him or her in any case where they require it to be looked into by
a bench of higher strength.
On the administrative side, the Chief Justice carries out the following functions:
Maintenance of the roster; Appointment of court officials;
General and miscellaneous matters relating to the supervision and functioning of the
Supreme Court.
Appointment Article 124 of the Constitution of India provides
for the manner of appointing judges to the Supreme Court.
However, no specific provision is made as to the appointment of the Chief Justice; as
a result, the Chief Justice is appointed in the same manner as for the other judges to
the Supreme Court.
Generally, the most senior judge in the Supreme Court is appointed by the President.
However, this convention has been breached on a number of occasions, most notably during
the premiership of Indira Gandhi, who appointed A.N.
Ray despite three judges being more senior than him.
It has been alleged that Ray was appointed because he was considered to be a supporter
of Gandhi's government, during a time when her government was becoming increasingly mired
in a political and constitutional crisis.
In the aftermath of The Emergency, the Supreme Court in a series of landmark decisions asserted
its position and independence.
In one such case in the constitutional bench, the case of S.P.
Gupta — II, the Court declared that the Government of India would be bound to nominate
only the most senior judge of the Supreme Court for the position of Chief Justice, thereby
removing a potential source for Government influence over the judiciary.
Since then, the convention has been followed without exception.
Oath or affirmation
I, name, having been appointed Chief Justice of the Supreme Court of India do swear in
the name of God/solemnly affirm that I will bear true faith and allegiance to the Constitution
of India as by law established, that I will uphold the sovereignty and integrity of India,
that I will duly and faithfully and to the best of my ability, knowledge and judgment
perform the duties of my office without fear or favour, affection or ill-will and that
I will uphold the Constitution and the laws.
— Constitution of India, Third Schedule, Part IV
Judicial Appointments Commission Bill
The Commission seeks to perform functions that relate to appointment, transfer and quality
of candidates.
The Judicial Appointments Commission Bill, 2013 was introduced in the Rajya Sabha on
August 24, 2013 by the Minister of Law and Justice, Mr. Kapil Sibal.
The Bill has been introduced in conjunction with the Constitutional Bill, 2013, which
inserts Article 124A, providing for the setting up of a Judicial Appointments Commission,
and is pending before Parliament.
The Bill provides for the composition, functions and procedure of the Judicial Appointments
Commission.
The Commission is sought to be established for the purpose of recommending persons for
appointment as Chief Justice of India and other Judges of the Supreme Court, and Chief
Justice and other Judges of High Courts.
The Bill seeks to enable equal participation of Judiciary and Executive, ensure that the
appointments to the higher judiciary are more participatory, transparent and objective.
Establishment and composition of Commission The Commission shall be chaired by the Chief
Justice of India and shall comprise of two other senior most Judges of the Supreme Court,
the Union Minister for Law and Justice and two eminent persons to be nominated by the
collegium.
The collegium comprises the Prime Minister, the CJI and Leader of Opposition of the Lok
Sabha.
The eminent members will retain membership for a three year period and are not eligible
for re nomination.
The Secretary to the Government of India in the Department of Justice shall be the convener
of the Commission.
Functions of Commission The Commission seeks to perform functions
that relate to appointment, transfer and quality of candidates.
Those include recommending persons for appointment as Chief Justice of India; judges of the Supreme
Court, Chief Justices of High Courts and other judges of High Courts; recommending of transfer
of Chief Justices of High Courts and the judges of High Courts, from one High Court to any
other High Court; ensuring that the person recommended is of ability, integrity and standing
in the legal profession.
The procedure for recommendation with respect to appointment of High Court Judges includes
eliciting views of the Governor, Chief Minister and Chief Justice of High Court of the concerned
state, in writing.
This shall be in accordance with procedure specified by regulations made by the Commission.
Reference to Commission for filling up of vacancies
Upon the arising of a vacancy in the High Court and Supreme Court, references to the
Commission shall be made by the Central Government.
Intimation of existing vacancies shall be made within a period of three months from
the date of coming into force of this Act.
In the case of vacancy due to the completion of term, reference shall be made two months
prior to the date of occurrence of vacancy.
In the case of vacancy due to the death, resignation, reference shall be made within a period of
two months from the date of occurrence of vacancy.
Procedure for short listing of candidates Process for selection shall be initiated by
the Convener, by inviting recommendations from the Chief Justices of High Courts, the
Central Government and the State Governments, for candidates fulfilling eligibility criteria.
The Commission may make regulations to specify the procedure for short listing of candidates
for considering their appointment as Judges to the High Court and Supreme Court.
Removal Article 124(4) of Constitution of India lays
down the procedure for removal of a Judge of Supreme Court which is applicable to Chief
Justice as well.
Once appointed, the Chief Justice remains in office until his retirement age of 65 years
or death.
He can be removed only through a process of impeachment by Parliament as follows:
A Judge of the Supreme Court shall not be removed from his office except by an order
of the President passed after an address by each House of Parliament supported by a majority
of the total membership of that House and by a majority of not less than two-thirds
of the members of that House present and voting has been presented to the President in the
same session for such removal on the ground of proved misbehaviour or incapacity.
— Article 124(4), Constitution of India , Source:
Acting President The constitution of India provides that 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, the Vice President VV Giri, acted as the President.
However, Mr. Giri resigned as the Vice President.
Then the Chief Justice Hidayatullah became the acting President of India.
The most senior judge of the Supreme Court became the acting Chief Justice of India.
When the newly elected President took office a month later, Justice Hidayatullah again
became 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 Act, 1958.
The sixth central pay commission recommended revision in the salaries and other allowances
and pensionary benefits of the central government employees, including the high court and supreme
court judges and all India services.
The government has accepted the majority of recommendations of the commisiion and issued
orders.
See also External links
Official website of Supreme Court of India Photo Gallery of Former Chief Justices of
India References