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Chief Justice of India (CJI)

Chief Justice of India (CJI):

CJI Forms Three-Member Committee to Probe Allegations Against Delhi High Court Judge.

  • Qualifications of CJI:
    • A person is eligible to be appointed as Chief Justice of India if they:
    • Are a citizen of India.
    • Have served as a Judge of a High Court for at least five years.
    • Have been an advocate in a High Court for at least ten years.
    • Are considered a distinguished jurist by the President of India.
  • Appointment of CJI
    • The President appoints the CJI under Article 124(2) of the Constitution.
    • The outgoing CJI recommends their successor based on seniority.
    • The Union Law Minister forwards the recommendation to the Prime Minister, who then advises the President.
    • As per the Second Judges Case (1993), the senior-most Supreme Court judge is appointed as the CJI.
  • Role and Powers of the CJI
    •  The CJI allocates cases to Supreme Court benches and decides the composition of benches.
    • The CJI leads the Supreme Court Collegium, responsible for appointing and transferring judges.
    • The CJI supervises court administration, staff appointments, and judicial proceedings management.
    • The CJI is first among equals and does not hold superior judicial power over other judges.
  • Removal of CJI or Judges
    • A Supreme Court judge, including the CJI, can be removed by the President after an address by Parliament supported by a special majority.
    • Grounds for removal (Article 124(4)):Proven misbehavior ,Incapacity

Collegium System:

  • A mechanism for appointing and transferring judges in the Supreme Court and High Courts.
  • Not established by an Act of Parliament, but evolved through Supreme Court judgments (Judges Cases).
  • For SC Appointments: CJI + four senior-most judges.
  • For HC Appointments:
    • HC-level Collegium: Chief Justice of HC + two senior judges.
    • SC-level Collegium: CJI + two senior-most SC judges.