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Who Appoints the Chief Justice of India?

By BYJU'S Exam Prep

Updated on: November 9th, 2023

The President appoints the Chief Justice of India and Judges of the Supreme Court under clause (2) of Article 124 of the Indian Constitution. The Chief Justice of India is the highest-ranking officer of the Indian federal judiciary. The president of India has the right to discuss with the current chief justice before appointing a new CJI.

Appointing the Chief Justice of India

Clause (2) of Article 124 of the Indian Constitution provides that the President of India appoints the Chief Justice of India (CJI). The President appoints the chief justice after consulting with the Supreme Court and other high court justices as needed.

After consulting with the chief justice and any other Supreme Court and high court judges he considers necessary, the president appoints the other justices. When a judge other than the Chief Justice is appointed, the Chief Justice must first be consulted.

Steps for Appointing the Chief Justice of India

The following steps must be taken to designate a CJI:

  • The senior-most Supreme Court judge deemed qualified to serve in the position shall be appointed as India’s Chief Justice.
  • When the time is right, the Union Minister of Law, Justice, and Corporate Affairs will request the retiring Chief Justice of India’s recommendation to select the next Chief Justice of India.
  • The next Chief Justice of India will be chosen after consultation with other judges if there is any uncertainty regarding the senior-most Judge’s eligibility to serve in that position.
  • After receiving the Chief Justice of India’s proposal, the Union Minister of Law, Justice, and Corporate Affairs will forward it to the Prime Minister, who will advise the President on the appointment.

Summary:

Who Appoints the Chief Justice of India?

According to section (2) of Article 124 of the Indian Constitution, the President chooses the Chief Justice of India and the Supreme Court judges. The current Chief Justice of India is Dhananjaya Y. Chandrachud. The main function of the CJI is allocating cases and appointing constitutional benches related to important matters of law.

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