India’s 49th Chief Justice of India

Context

Recently, Justice Uday Umesh Lalit, sworn in as the 49th Chief Justice of India, will demit office on November 8 with a tenure of 74 days.

Who can become the Chief Justice of India?

• Apart from being an Indian citizen, the person must-
• have been for at least five years a Judge of a High Court or of two or more such Courts in succession 
• have been for at least ten years an advocate of a High Court or of two or more such Courts in succession
• be, in the opinion of the President, a distinguished jurist.

Who appoints the CJI?

• The Chief Justice of India and the other judges of the Supreme Court are appointed by the President under clause (2) of Article 124 of the Indian Constitution. 
• It is mentioned in Article 124 that appointment by the President is to be done “after consultation” with judges of the Supreme Court, as the President may “deem necessary”.
• Article 217, which deals with the appointment of High Court judges, says the President should consult the CJI, Governor, and Chief Justice of the High Court concerned. 

Tenure

• The tenure of a CJI is until they attain the age of 65 years, while High Court judges retire at 62 years.

How does the collegium system work?

• For appointing Chief Justice of India (CJI)
• The President of India appoints the CJI and the other SC judges.
• The outgoing CJI recommends his successor.
• In practice, it has been strictly by seniority ever since the supersession controversy of the 1970s.
• For appointing other SC Judges
• SC judges are recommended by a Collegium consisting of the CJI and 4 senior-most judges of SC.
• The Collegium recommends the candidate to the Law Minister, who forwards it to the Prime Minister who then advises the President for the final appointment.
• For appointing Chief Justice of High Courts
• President appoints CJ of HC in consultation with CJI (consults other SC collegium members) and governor of the respective state.
• The candidate is selected from outside the respective state.
• For appointing other HC judges
• HC judges are also appointed by the President who consults the HC Collegium (CJ of HC and 4 senior-most HC judges), CJI (consults other SC collegium members), and the Governor of the respective state.
• For appointing Judges of Common HC
• Judges of common HC are appointed by the President who consults CJI (consults other SC collegium members) and Governors of respective states.