CHIEF JUSTICE OF INDIA - POLITY

News: D.Y. Chandrachud is sworn in as the 50th Chief Justice of India 

What's in the news?

       Justice Dhananjaya Yashwant Chandrachud was sworn in as the 50th Chief Justice of India (CJI) by President Droupadi Murmu at a brief ceremony held at the Rashtrapati Bhavan on November 9.

       His service will be effective from November 9, 2022, to November 10, 2024.

Appointment:

       The President appoints the Chief Justice of India (CJI) under Article 124(2) of the Constitution.

       In terms of the CJI, the retiring CJI proposes his successor. The suggestion is forwarded by the Union Law Minister to the Prime Minister, who then advises the President.

       In the Second Judges Case (1993), the Supreme Court declared that the CJI should be selected only by the Supreme Court's senior-most judge.

       In the Third Judges case (1998), the Supreme Court declared that the Chief Justice of India's consultation procedure necessitates "consultation with a plurality of judges."

       The CJI's single opinion does not define the consultation process. He or she should consult a collegium of four senior Supreme Court justices, and even if two of them disagree, he or she should not pass the idea on to the government.

       As a result of the "third judges case," the Collegium system was formed, and it has been in use since 1998 in the High Courts and Supreme Courts to nominate and transfer judges.

Qualification:

A person to be appointed as a judge of the Supreme Court should have the following qualifications:

1. He/She should be a citizen of India.

2. (a) He/She should have been a judge of a High Court (or high courts in succession) for five years; or

(b) He/She should have been an advocate of a High Court (or High Courts in succession) for ten years; or

(c) He/She should be a distinguished jurist in the opinion of the president.

The Constitution has not prescribed a minimum age for appointment as a judge of the Supreme Court.

Functions:

       The Chief Justice is in charge of allocating cases and appointing constitutional benches that deal with key legal issues as leader of the Supreme Court.

       CJI delegates all duties to the other justices in line with Article 145 of the Constitution and the Supreme Court Rules of Procedure of 1966.

       The CJI is responsible for the following administrative tasks.

       Maintenance of the roster

       Appointment of court officials

       Other general and incidental topics concerning the Supreme Court's supervision and operation.

Master of the Roster:

       The term 'Master of the Roster' refers to the Chief Justice's ability to form Benches to hear cases.

       The Chief Justice of India, Dipak Misra, and a Constitution Bench stated in November 2017 that "the Chief Justice is the master of the roster and he alone has the right to construct the Benches of the Court and allot matters to the Benches thus established."