Who holds the highest judicial office in India and how are they appointed?
In short: The Chief Justice of India serves as the Supreme Court's administrative head and the judiciary's top-ranking officer. While the President of India formally appoints them, the process relies heavily on recommendations from the incumbent. Discover the unique powers, strict removal procedures, and the rare moments when this role assumes presidential duties.
The Chief Justice of India occupies a pivotal position, acting as the primary administrator for the Supreme Court. Beyond presiding over judicial matters, they hold the authority to allocate cases and constitute benches to interpret the Constitution. This administrative role extends to maintaining the court roster and supervising court officials. Furthermore, the Chief Justice serves as the de facto chancellor for institutions like the National Law School of India University.
Appointment follows a specific constitutional path: the President of India makes the selection based on recommendations from the outgoing Chief Justice, who consults with other senior judges. While convention dictates that the next senior-most judge by tenure is chosen, this practice has been bypassed twice. In 1973, A. N. Ray was appointed over three senior colleagues, and in 1977, M. H. Beg was selected over H. R. Khanna. Once appointed, the Chief Justice serves until age 65, unless removed via a rigorous parliamentary impeachment process.
Impeachment requires a formal notice from at least 50 Rajya Sabha or 100 Lok Sabha members, followed by a judicial committee investigation into alleged misbehavior or incapacity. If found guilty, both houses of Parliament must pass a removal order with a two-thirds majority of members present and voting. This process ensures the judiciary remains protected from arbitrary removal while maintaining accountability. The office also carries unique responsibilities, such as the potential to serve as acting President of India if both the President and Vice President positions become vacant, a role held by Mohammad Hidayatullah in 1969.
Financially, the Chief Justice's salary is determined by Parliament and protected from disadvantageous changes after appointment. Following the seventh pay commission, the basic monthly salary is ₹280,000. This structure, rooted in the 1958 Supreme Court Judges Act, ensures the independence of the office, reflecting its status as the sixth-highest position in the Indian order of precedence.
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- Summary by Intellect · source: Chief Justice of India
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