The President of India appoints the Justices of the Supreme Court and the Chief Justice of India under Article 124(2) of the Constitution of India. This selection is made on the advice of the Union Law Minister to the Prime Minister of India, and then the Prime Minister advises the President.
In the Second Justice Case (1993), the Supreme Court ruled that the position of Chief Justice of India should only be held by the highest ranking Justice of the Supreme Court.
Dhananjaya Y Chandrachud has been appointed as the 50th Chief Justice of India.
Let us better understand the appointment of the Chief Justice of India.
The Chief Justice of the Republic of India or the Chief Justice of India is the Chief Justice of the Supreme Court of India. The CJI is also the highest ranking official in the Indian federal judiciary.
The Constitution of India does not list anywhere the process for the appointment of the Chief Justice of India. However, as per Article 124(1) of the Constitution of India, there shall be a Supreme Court of India, and it shall also consist of a Chief Justice of India.
In the Second Justice Case of 1993, the Supreme Court of India stated that the Chief Justice of India should be chosen only by the highest ranking Justice of the Supreme Court.
In the Third Justices Case (1998), the Supreme Court stated that the Chief Justice of India must consult with a plurality of judges.
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The sole opinion of the Chief Justice of India does not define the consultation process. The CJI should consult a college of four high-ranking Supreme Court magistrates. Even if two of them don’t approve, the CJI shouldn’t pass the idea on to the government.
Therefore, in the case of third judges, the collegiate system was created. Since 1998, this collegiate system has been used in Supreme Courts and High Courts for the purpose of appointing and transferring judges.
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Source: ptivs2.edu.vn