Chief Justice of India: Appointment, Tenure & Removal

Context (TOI): Justice Surya Kant has been appointed as the 53rd Chief Justice of India.

About the Chief Justice of India (CJI)

CJI is appointed under clause (2) of Article 124 of the Indian Constitution, which empowers the President of India to appoint the CJI and other Supreme Court judges.
Eligibility Criteria:
- The candidate must be a citizen of India.
- The person must have served as a Judge of a High Court for at least five years.
- Alternatively, they should have been an advocate in a High Court for at least ten years.
- The President may also appoint someone considered a distinguished jurist to the position.

Article 126 deals with the appointment of Acting CJI (when CJI’s office is vacant/ temporarily absent or unable to discharge duties).

Though the office of the CJI is constitutionally mandated under Article 124 (1), it does not specify a detailed procedure for appointing the CJI.

Seniority-Based System: The senior-most judge of the SC is appointed as the CJI. Aims to ensure the appointment of a highly experienced and qualified judge.
The outgoing CJI traditionally recommends their successor strictly based on seniority—not age, but the duration of service in the Supreme Court.

The system has been reinforced by judicial decisions over the years, most notably the 1993 Supreme Court Judgment (also known as the Second Judges Case), which established the Collegium system for the appointment of judges.
Similar systems of seniority-based appointments are seen in some other democracies as well, such as the United Kingdom, where the senior-most judge is usually appointed as the Lord Chief Justice.

The method used in India for the appointment and transfer of judges to the Supreme Court (SC) and High Courts (HC).
Consists of the CJI and the four senior-most SC judges for SC appointments; and Chief Justice of High Court and the two senior judges & CJI and two senior-most SC judges for HC appointments.
Formalized through the Third Judges Case (1998) but not established by Act of Parliament. Hence, has been part of debates.

Collegium System

Recommendation by outgoing CJI: The incumbent CJI recommends the name of the senior-most judge to the Union Law Ministry for the position of the next CJI.

Union Government’s role: After receiving the recommendation, the Union Minister of Law presents the recommendation to the Prime Minister.
- The PM, after deliberations, advises the President on the official appointment of the new CJI.

Consultation for fitness: In case there are concerns about the fitness of the senior-most judge to hold the office of CJI, other judges of the Supreme Court are consulted, as stipulated in Article 124 (2).

Memorandum of Procedure: Process follows the Memorandum of Procedure, which outlines the steps and procedures for appointing SC Judges, ensuring transparency and consistency in the process.

The MoP was formulated after the SC struck down the National Judicial Appointments Commission
(NJAC).
It is an agreement between the judiciary and government that outlines the criteria for appointing judges to the SC and HCs.
MoP requires the collegium to take into account several factors: Experience & qualifications, Integrity and character, Judicial temperament & Representation from different regions and communities.
It requires the government to give reasons for rejecting a recommended name.

The Constitution does not specify a fixed tenure for Supreme Court judges. However, it states that a judge serves until the age of 65.
Any questions regarding the judge’s age are determined by the authority and manner provided by Parliament.

The CJI can only be removed by an order from the President following an address by Parliament, supported by a special majority (i.e., a majority of the total membership of each House and at least two-thirds of the members present and voting).

Allocates cases to different benches and determines the composition of those benches.
Heads the Collegium that appoints and transfers judges to the Supreme Court and High Courts, ensuring independence and integrity in judicial appointments.
Administers oath to the President.
Significant authority over the administrative functioning of the court, appointment of ad-hoc judges under Article 127, staff management and oversight of daily judicial operations.
Holds a leadership position, they are “first among equals”, ensuring that judicial decision-making is collective and consensus-driven, with no superior power over fellow judges.