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| Appointment of CJI |
History of Chief Justice of India:
On January 26, 1950, when India
adopts its constitution, the history of Chief Justice of India begins. Harilal Jekisundas Kania become the very first
Chief Justice of Independent India and served from 26th January,
1950 to 6th November 1951.
Appointment of Chief Justice of India: There is
no procedure mentioned in our Constitution regarding the Appointment process of
the Chief Justice of India. So, there is certain Convention through the Chief
Justice of India is appointed. At the
very first stage of the process the Current Chief Justice of India recommends
the name of his/her successor. In the most of the cases the recommended one is
the Senior Most Judge of the Supreme Court. And the recommendation goes to the
Union Law Ministry. Then Union Law ministry forward it to the Prime minister of
India. Then PM of India advised the name to the President of India for
appointment by the power of the Article 124 (2). A Supreme Court Judge is
appointed as the Chief Justice of India by taking oath administered by the
President of India under the Article 124 (6) which comes under Part V of the
Indian Constitution. Part V deals with the Union Government. N.B.: Seniority of the Supreme Court judges is based on the
service period in Supreme Court, not by the age. Qualification to become a Judge of Supreme Court:·
He should be a Citizen of India. ·
He should have been a judge of a High Court min
for five years, OR ·
He should have been an advocate of a High Court
for 10 years, OR ·
He should be a distinguished Jurist in the
opinion of the President. |
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