CHIEF JUSTICE OF INDIA:
About Article 124
- The Indian Constitution makes no mention of the selection process for the Chief Justice of India.
- Simply put, “There shall be a Supreme Court of India consisting of a Chief Justice of India” is what Article 124 (1) of the Constitution states.
- Article 124, clause (2) of the Constitution states that the President appoints each Justice of the Supreme Court.
- Therefore, in the absence of a constitutional provision, convention is used to determine the CJI.
The Convention
- The departing CJI advises his successor to follow a procedure that is solely determined by seniority.
- However, seniority is determined by a judge’s length of service on the nation’s highest court, not by their age.
The function of the government
- With the exception of the Union Law Minister requesting the current CJI’s recommendation before forwarding it to the Prime Minister, the Central government has no say in the appointment of the CJI.
Eligibility to become India’s Chief Justice
- In addition to being an Indian citizen, the candidate must:
- Be a distinguished jurist in the President’s estimation; Have served as a judge of a High Court or of two or more such Courts in succession for at least five years; or Have served as an advocate of a High Court or of two or more such Courts in succession for at least ten years.
And who chooses the CJI?
- Under paragraph (2) of Article 124 of the Indian Constitution, the President appoints the Chief Justice of India and the other justices of the Supreme Court.
- The President shall confer with the Chief Justice, Governor, and Chief Justice of the relevant High Court, according to Article 217, which governs the appointment of High Court judges.
- Moreover, a Chief Justice of the Crown serves until the age of 65, whereas judges of the High Court retire at the age of 62.
CJI’s removal
- A judge of the Supreme Court may only be removed from office by an order of the President issued following a speech by each House of Parliament, which must be supported by a majority of the House’s total membership as well as by a majority of the House’s members who are present and voting, if possible.
- The President was presented with the address during that same session for possible removal based on one of two grounds: demonstrated misconduct or incapacity.
What procedure is used to recommend and appoint judges?
- The appointment of judges is carried out through the more than 20-year-old collegium system, which consists of the five senior judges of the High Courts and the Supreme Court.
- The constitution only refers to the President’s consultations; it makes no mention of the term “collegium.”
- The Intelligence Bureau (IB) occasionally conducts background checks on the government using the names that the collegium initially recommended for appointment.
- Although the government may object as well, the collegium’s will typically wins out.
- The Law Minister will forward the collegium’s recommendations to the Prime Minister, who will counsel the President on the appointment issue, once they have been finalized and received from the CJI.
Reactions against the collegium system
- The collegium system’s primary flaw is its lack of transparency.
- The Law Commission of India’s 230th report, which was filed in 2009, suggested that nepotism might still be in place.
- There is a greater likelihood of promotion for a close relative or well-wisher who is or was a political insider, senior advocate, or judge on a higher court.
- It is not necessary for such a person to be competent; in fact, less competent individuals have occasionally been admitted.
- The protection of people’s personal information online is known as digital personal data protection.
- People are using the internet and technology more and more, which means that they are sharing a lot of personal information online, including private messages and financial information.
- In the current digital era, safeguarding data against misuse, breaches, and unauthorized access has become crucial.