Appointment of the Chief Justice of India
Introduction and Recent Appointment
- Recently, Justice Sanjiv Khanna was sworn in as the Chief Justice of India (CJI), by the President of India.
- He has replaced Justice D.Y. Chandrachud is the 51st CJI.
Key Judicial Rulings of Justice Sanjiv Khanna
- Justice Khanna has been part of several significant rulings in the Constitution Bench, including the endorsement of Article 370's abrogation.
- He also participated in the striking down of the 2018 electoral bonds scheme.
- He was a key figure in the majority ruling on the Aligarh Muslim University's minority status.
- He has supported the use of Electronic Voting Machines (EVMs) for elections, going against appeals to revert to paper ballots.
Key Provisions Related to the Appointment of CJI
- A Supreme Court judge is appointed by the President under Article 124 (2) of the Constitution, with the senior-most judge of the Supreme Court being conventionally appointed as the CJI.
- To qualify, the person must be an Indian citizen, have been a judge or an advocate of a High Court for at least five or ten years respectively, or be deemed a distinguished jurist by the president.
- In his role as CJI, the individual is responsible for case allocation and setting hearing schedules in the Supreme Court, consulting with the President for the appointment of judges, appointing ad-hoc SC judges, and more.
- The CJI can only be removed by the President following a special majority vote in Parliament.
Appointment of CJI in Other Democratic Countries
- In the United States, the Chief Justice holds a life tenure unless impeached.
- In the United Kingdom, the Lord Chief Justice is appointed by the Judicial Appointments Commission through a special panel drawn from the Appeal Court Judges or the Supreme Court. This individual also has a life tenure, with mandatory retirement at 75.
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