Recently, Law Minister Kiren Rijiju noted that the formalities are being completed prior to the appointment of India¡¯s next Chief justice, as the present government is "always particular" about protocol.
The law minister announced to the press outside the Parliament Building that he had received a letter from Chief Justice of India N. V. Ramana nominating his successor. On August 26, Justice Ramana will resign from his position.
Currently, Justice Uday Umesh Lalit is the Supreme Court judge with the highest experience. According to the seniority rule, he is eligible for the 49th CJI appointment.
According to the "Memorandum of Procedure of Appointment of Supreme Court Judges," "appointment to the office of the CJI should be of the seniormost Judge of the SC regarded qualified to hold the position." The Union Law Minister asks the leaving CJI for his or her recommendation regarding the following appointment to start the process.
Typically, a month before the current CJI's retirement date, the CJI-designate requests a formal recommendation from the CJI-in-office.
Judges are ranked according to the number of years they have presided over the Supreme Court, not according to their age. The Supreme Court judge who took the oath first would have seniority if two judges were sworn in on the same day.
The collegium and the order of succession for the position of CJI are established based on the seniority of the justices.
According to the current MoP, the Chief Justice of India officially notifies the Ministry of Law and Justice of the senior-most Supreme Court judge's nomination, which is subsequently forwarded to the Prime Minister.
The President, who has the authority to appoint judges to India's top court under Article 124(2), seeks the Prime Minister's advice on the recommendation before making the appointment.
The government has no influence on the appointment of the CJI, with the only exception of the law minister seeking the current CJI for a recommendation and submitting it to the prime minister.
The CJI's appointment differs significantly from that of the other SC judges in that the government is not permitted to request a reexamination of the CJI's (or the collegium's) recommendation.
However, the government has this option in choosing SC judges. But, the government is powerless to resist further if the collegium reiterates those names.
The selection process of judges for the Supreme Court and the high courts is frequently criticized for its purported opacity. The procedure comprises the Supreme Court Collegium recommending names for appointments to be made, which are then approved by the government using its machinery for background checks.
The protocol on seniority almost probably establishes the line of succession in the case of the CJI nomination, and the government's involvement is restricted to the formal procedure of soliciting recommendations and communicating them to the Prime Minister and the President.
According to the Indian Constitution, the President has the authority to nominate and, with the advice and approval of the Parliament, appoint a chief justice. This individual serves as chief justice until they are 65 years old or until they are ousted by impeachment.
The senior judges were usually chosen in the past. This has been broken twice, though, under several circumstances.?
Justice A. N. Ray was appointed in 1973, replacing three senior judges. In addition, Justice Hans Raj Khanna was replaced as chief justice in 1977 by Justice Mirza Hameedullah Beg.
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