Justice Surya Kant sworn in as the 53rd Chief Justice of India (CJI)

Posted 25 Nov 2025

2 min read

Article Summary

Justice Surya Kant was sworn in as the 53rd Chief Justice of India, highlighting the appointment process, seniority convention, judicial roles, and procedures for judicial accountability and administration.

Appointment Process for CJI

Procedure:The outgoing CJI recommends the successor. The Law Minister forwards this to the Prime Minister, who advises the President.
Seniority Convention: The Second Judges Case (1993) established that the senior-most Supreme Court judge must be appointed as CJI.
Constitutional Basis: Appointed by the President under Article 124(2).

Appointment of Other SC Judges

Collegium Recommendation: Under Article 124(2), Supreme Court judges are appointed by the President on the advice of the Collegium (CJI + four senior-most judges)
- The Collegium System has evolved through the Three Judges Cases (1981, 1993, & 1998).
Eligibility Criteria for Supreme Court Judges :He/She must be a Citizen of India and must have been:-
- an judge of High Court for 5 years OR
- an advocate for High Court for 10 years OR
- a distinguished jurist (in the opinion of the President's)
Tenure: Holds office until 65 years of age.
Note: A person who has been a Judge of the Supreme Court is debarred from practicing in any court of law or before any other authority in India.

Removal of a Supreme Court Judge

Grounds of Removal: only on grounds of “Proven misbehaviour, or Incapacity”
The President can remove a judge only after both Houses of Parliament pass a special resolution.
- This resolution must be supported by:-
  - A majority of the total membership of each House, and at least two-thirds of the members present and voting.
Both Houses must pass this resolution in the same session.
The procedure for removal of judges is elaborated in the Judges Inquiry Act, 1968.

Key Roles & Powers of the CJI

Judicial Leadership: Heads the Supreme Court, presides over Constitution Benches, and allocates cases.
Administrative Authority: Controls the roster, supervises court administration, and ensures smooth functioning of the judicial system.
Judicial Vision: Shapes priorities such as reducing pendency, promoting alternative dispute resolution, and strengthening constitutional governance.