As per the established practice of the senior-most judge being named as the successor, the current CJI recommended the name to the Union Law Ministry.
- After receipt of the recommendation of the outgoing CJI, the Union Minister of Law, Justice and Company Affairs put up the recommendation to the Prime Minister who advises the President for appointment.
- The Chief Justice of India and the Judges of the Supreme Court are appointed by the President under clause (2) of Article 124 of the Constitution.
- In case of any doubt about the fitness of the seniormost Judge to hold the office, other judges are consulted as per Article 124(2).
- The process is based on the Memorandum of Procedure of appointment of Supreme Court Judges.
