Justice Surya Kant: Understanding His Role as Chief Justice

Justice Surya Kant: 53rd Chief Justice of India

Recently, Justice Surya Kant took oath as the 53rd Chief Justice of India (CJI). He will hold this esteemed position until February 9, 2027. The process of appointing the Chief Justice of India is crucial to understanding the functioning of the Indian judiciary.

Appointment of the Chief Justice of India

The appointment of the Chief Justice and judges of the Supreme Court is governed by a Memorandum of Procedure (MoP). According to Clause (2) of Article 124 of the Constitution, the President of India appoints the CJI and other judges. Traditionally, the senior-most judge considered fit for the role is appointed as the Chief Justice.

At the appropriate time, the Union Law Minister consults the outgoing CJI to recommend a successor. This recommendation is then forwarded to the Prime Minister, who advises the President to finalize the appointment.

Process of Appointing a Supreme Court Judge

When a vacancy in the Supreme Court is anticipated, the collegium recommends a suitable candidate and sends the proposal to the Union Law Minister. The CJI consults with senior judges of the Supreme Court, particularly those who have previously served in the candidate’s parent High Court. All opinions are documented and included in the official file.

If the CJI consults non-judicial individuals, a written record of that consultation is also added to the file. After receiving the recommendation, the Union Law Minister forwards it to the Prime Minister, who then advises the President to make the formal appointment.

Collegium System

The collegium system for appointing judges to the higher judiciary has evolved through three landmark Supreme Court judgments, commonly referred to as the “Judges Cases.”

• First Judges Case (1981): In SP Gupta vs Union of India, the Supreme Court established that the executive has primacy in judicial appointments. The term “consultation” in Articles 124 and 217 was interpreted as non-binding, granting the President final authority.
• Second Judges Case (1993): In Supreme Court Advocates-on-Record Association vs Union of India, a nine-judge Bench reversed the earlier ruling and established the collegium system, requiring the CJI to consult the two senior-most judges for appointments and transfers.
• Third Judges Case (1998): A Presidential Reference led to the expansion of the collegium, which now includes the CJI and four senior-most judges. This also mandated consultation with judges of the concerned High Court, enhancing collective and consultative decision-making.

Frequently Asked Questions (FAQs)

Q1. What is the role of the Chief Justice of India?
Answer: The Chief Justice of India heads the Supreme Court, ensuring the administration of justice and upholding the Constitution. The CJI also plays a crucial role in judicial appointments and case management.

Q2. How is the Chief Justice of India appointed?
Answer: The Chief Justice is appointed by the President of India based on recommendations from the outgoing CJI, following a consultative process involving the Union Law Minister and the Prime Minister.

Q3. What is the collegium system in India?
Answer: The collegium system is a method for appointing judges to the higher judiciary. It involves the Chief Justice and senior judges consulting on judicial appointments and transfers, ensuring a collaborative decision-making process.

Q4. What are the "Judges Cases"?
Answer: The "Judges Cases" refer to three landmark Supreme Court judgments that defined the collegium system and the roles of the executive and judiciary in judicial appointments in India.

Q5. What is the Memorandum of Procedure (MoP)?
Answer: The MoP outlines the procedures for appointing judges in India, including the roles of the President, CJI, and other officials in the appointment process, ensuring transparency and adherence to constitutional provisions.

UPSC Practice MCQs

Question 1: Who appoints the Chief Justice of India?
A) Prime Minister
B) President of India
C) Union Law Minister
D) Senior Judges
Correct Answer: B

Question 2: What is the primary role of the Chief Justice of India?
A) Appoint judges to High Courts
B) Head the Supreme Court
C) Advise the President
D) Interpret laws
Correct Answer: B

Question 3: What does the collegium system involve?
A) Only the CJI makes decisions
B) Consultation among senior judges
C) Recommendations from the Parliament
D) Direct appointments by the President
Correct Answer: B

Question 4: Which case established the collegium system?
A) First Judges Case
B) Second Judges Case
C) Third Judges Case
D) None of the above
Correct Answer: B