THE 51st PERSON ON THE CHAIR

The Chief Justice of India (CJI) occupies a pivotal position within the Indian judiciary, serving as the head of the Supreme Court, the highest court in the country. This role carries significant responsibilities in judicial, administrative, and public domains, reflecting the importance of the judiciary in upholding the Constitution and maintaining the rule of law.

presidential appointment

The appointment of the CJI is formally made by the President of India. However, this is done in accordance with established conventions, primarily focusing on seniority among the judges of the Supreme Court. The outgoing CJI typically recommends the next senior-most judge for the position, reinforcing the principle of seniority in judicial appointments.

THE COLLEGIUM SYSTEM

The collegium system, established through judicial pronouncements, plays a critical role in the appointment process. The collegium consists of the CJI and the four senior-most judges of the Supreme Court, who collectively decide on judicial appointments and transfers. This system is intended to maintain the independence of the judiciary from political influences and to ensure that qualified and competent individuals are appointed.

Consultative process

While the final decision rests with the collegium and the President, the process involves consultations with various stakeholders, including the outgoing CJI and other senior judges. This consultative process aims to ensure that appointments are made based on merit, experience, and suitability, rather than political considerations.

Judicial independence

he appointment process, particularly the collegium system, has been the subject of debate and scrutiny. Critics argue that it lacks transparency and accountability. Proposals for reform have included greater involvement of the executive in the appointment process. However, advocates emphasize the importance of maintaining judicial independence and the need to avoid political interference in judicial appointments.

SANJEEV KHANNA APPOINTED ASTHE NEW CJI OF INDIA: OATH TO BETAKEN ON 11th NOV.

As the retirement age for the Chief Justice, like other Supreme Court judges, is 65 years. This ensures that the judiciary benefits from the wisdom and experience of senior judges while also allowing for regular turnover and the infusion of new perspectives within the Supreme Court. The CJI DY CHANDRACHUD retires. Sanjeev khanna appointed as the new CJI on NOV 8th

Former CJI DY CHANDRACHUD announces retirement as his tenure is about to end. The retirement of the Chief Justice of India is a significant event in the judiciary, marking the end of one chapter and the beginning of another. It is a moment for reflection on the contributions of the outgoing CJI and the future direction of the Supreme Court under new leadership.

THE ROLE OF CJI IN THE JUDICIARY

Judicial authority

The CJI presides over court proceedings and has the authority to allocate cases to various benches, which can include both constitutional benches dealing with significant legal issues and smaller benches for routine matters. The CJI often hears some of the most critical cases in the country, including those involving constitutional questions, human rights issues, and major public interest litigations. The ability to prioritize cases and manage judicial workload effectively is crucial for the efficient functioning of the Supreme Court.

Administrative Functions

Beyond judicial duties, the CJI plays a central role in the administration of the Supreme Court. This includes the appointment and transfer of judges within the higher judiciary, including High Courts, which is done through the "collegium system." The CJI, along with four seniormost judges, recommends appointments to the President of India, ensuring that qualified individuals are selected for judicial positions. The CJI also oversees the functioning of court staff and infrastructure, ensuring that the judiciary operates smoothly and efficiently.

Leadership & Representation

As the head of the judiciary, the CJI is a key figure in maintaining judicial independence and integrity. The CJI represents the judiciary in its relations with the executive and legislative branches of government, advocating for the autonomy of the judiciary and the importance of the rule of law. This role is vital, especially in times of political tension, as the CJI must assert the judiciary's independence while navigating complex relationships with other branches of government.

Advisory role

The CJI has a significant advisory role in judicial appointments and legal matters of national importance. The President of India consults the CJI when appointing judges to the Supreme Court and High Courts. Additionally, the CJI may be called upon to provide legal opinions or guidance on constitutional matters and legislative issues, helping shape the legal landscape of the country.

Guardian of Fundamental Rights

The CJI plays a critical role in upholding and protecting fundamental rights enshrined in the Constitution. The Supreme Court, under the leadership of the CJI, often hears cases that challenge the constitutionality of laws and executive actions, thus serving as a bulwark against arbitrary governance and protecting civil liberties

By: Tanush.M
Grade: 11th CEC
10 Nov 2024