Chief Justice of India Dipak Misra on Tuesday recommended Justice Ranjan Gogoi as his successor and the 46th Chief Justice of India.
He would be the first CJI from the north-eastern region.
Details of appointment process of CJI:
- 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 of India,
as his successor.
- In addition, Second Judges Case (1993) has enforced the criteria of appointing the senior – most judge of the Supreme Court alone as the Chief justice of India
Seniority Criteria explained:
- The Chief Justice of India is traditionally appointed by the outgoing Chief Justice of India on the day of his (or her) retirement. By convention, the outgoing Chief Justice of India selects the most senior then-sitting Supreme Court judge.
- Seniority at the apex court is determined not by age, but by:
- The date a judge was appointed to the Supreme Court.
- If two judges are elevated to the Supreme Court on the same day,
- the one who was sworn in first as a judge would trump another;
- if both were sworn in as judges on the same day, the one with more years of high court service would ‘win’ in the seniority stakes;
- an appointment from the bench would ‘trump’ in seniority an appointee from the bar
Dig–Deeper: Functions performed by a CJI:
- The Chief Justice of India (CJI) is the head of the judiciary of India and the Supreme Court of India.
- The CJI also heads their administrative functions.
- As head of the supreme court, 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.
- On the administrative side, the Chief Justice carries out the following functions: maintenance of the roster; appointment of court officials and general and miscellaneous matters relating to the supervision and functioning of the Supreme Court.