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.