Appointment of Chief Justice of India
Q. Which of the following statements is/are correct about appointment of Chief Justice of India?
1. Article 124 deals with appointment of Chief Justice of India
2. According to NJAC bill,the Commission shall recommend the senior-most judge of the Supreme Court for appointment as Chief Justice of India.- Published on 10 Nov 15a. Only 1
b. Only 2
c. Both
d. None
ANSWER: Only 2
- Article 124 of the Constitution of India provides for the manner of appointing judges to the Supreme Court. Though no specific provision exists in the Constitution for appointing the Chief Justice, who, as a result, is appointed like the other judges.
- Conventionally, the outgoing CJI recommends the name of the senior-most judge (i.e. by date of appointment to the Supreme Court) for appointment by the President, as his successor.
- However, this convention has been breached on a number of occasions, most notably during the premiership of Indira Gandhi, who appointed A.N. Ray superseding three judges senior to him allegedly because he supported Gandhi's government, during the Emergency.
- Chief Justice of India H.L. Dattu has recommended Justice Tirath Singh Thakur as his successor. Justice Thakur is the senior-most judge in the court after the Chief Justice Dattu, who retires on December 2.
