New Delhi: The Chief Justice of India (CJI) is the top of the judiciary and the best-rating choose of the Supreme Court of India. The CJI presides over the courtroom, assigns circumstances to the opposite judges, and administers the oath of workplace to the President and the Vice President of India. The CJI additionally performs an important position within the appointment of judges to the Supreme Court and the excessive courts, in addition to the switch of judges between the excessive courts.
But how does one change into the CJI? What are the {qualifications} and standards for this prestigious place? And can a excessive courtroom choose instantly change into the CJI? Let us discover out.
Eligibility for Becoming the CJI
- A citizen of India
- Either a choose of a excessive courtroom for not less than 5 years
- An advocate of a excessive courtroom for not less than ten years
- A distinguished jurist within the opinion of the President
Therefore, a excessive courtroom choose or a excessive courtroom lawyer can change into the CJI, supplied they meet the above necessities. However, there isn’t a provision for a direct appointment of a excessive courtroom choose because the CJI.
Appointment Of The CJI
The CJI is appointed by the President of India beneath Article 124 (2) of the Constitution, after session with the judges of the Supreme Court and the excessive courts, because the President might deem needed. However, the President is certain by the advice of the collegium, a physique of 5 senior-most judges of the Supreme Court, headed by the incumbent CJI.
The collegium follows the conference of seniority, which implies that the senior-most choose of the Supreme Court, after the incumbent CJI, is really useful as the following CJI. The seniority is set by the date of appointment to the Supreme Court, not by the age of the choose. For instance, if two judges are 63 years previous, however one was appointed to the Supreme Court sooner than the opposite, the previous might be thought-about senior to the latter.
The collegium sends its advice to the Union Law Minister, who forwards it to the Prime Minister, who advises the President to nominate the CJI. The President then points a warrant of appointment, and the CJI is sworn in by the President or his nominee.
The tenure of the CJI is till they attain the age of 65 years, or till they resign or are eliminated by impeachment. The CJI also can act because the President of India in case of a emptiness within the workplace, or when the President is unable to discharge his features.
Can A High Court Judge Become The CJI?
As talked about earlier, a excessive courtroom choose can change into the CJI, if they’ve been a choose of a excessive courtroom for not less than 5 years, and if they’re appointed to the Supreme Court by the collegium. However, there isn’t a provision for a direct appointment of a excessive courtroom choose because the CJI, with out serving as a choose of the Supreme Court first.
This is as a result of the conference of seniority, which is adopted by the collegium, requires that the CJI must be the senior-most choose of the Supreme Court. Therefore, a excessive courtroom choose, even when they’re the chief justice of a excessive courtroom, can’t supersede the judges of the Supreme Court and change into the CJI.
The solely exception to this rule was Justice M. Hidayatullah, who was appointed because the CJI in 1968, after serving because the chief justice of the Nagpur High Court and the Madhya Pradesh High Court, with out being a choose of the Supreme Court. However, this was a uncommon and controversial case, and has not been repeated since then.
Therefore, the method of changing into the CJI just isn’t a easy or easy one. It entails a fancy interaction of constitutional provisions, judicial conventions, and political concerns. It additionally requires a excessive diploma of advantage, expertise, and integrity, because the CJI just isn’t solely the chief of the judiciary, but in addition the guardian of the Constitution and the rights of the citizens123456
