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Unpacking the Chief Justice of India: All You Need to Know | Gurugrah





Who is CJI? | Gurugrah

Who is CJI?


The Chief Justice of India (CJI) is the highest judicial authority in India and the head of the Supreme Court of India. The CJI is appointed by the President of India and holds office until the age of 65 years.

The Supreme Court of India is the final court of appeal under the Constitution of India, and it has the power to declare laws unconstitutional if they are inconsistent with the provisions of the Constitution. The CJI plays a crucial role in the administration of justice in India and presides over the meetings of the Supreme Court judges.


The CJI also has administrative powers over the lower courts in India and is responsible for the allocation of cases to the various benches of the Supreme Court. The CJI also has the power to appoint judges to the high courts and the lower courts in India.


In addition to these powers, the CJI also plays a crucial role in the appointment of judges to the Supreme Court. The process of appointment of judges to the Supreme Court involves the CJI and two senior-most judges of the Supreme Court, who form a collegiums to recommend the names of suitable candidates for appointment as judges.


The CJI is also the first among equals in the Supreme Court, and in the event of a tie in the judgment of a case, the CJI has the casting vote. The CJI also represents India in the international community and interacts with the Chief Justices of other countries to promote cooperation and exchange of information on judicial matters.


The CJI has a significant impact on the development of the law in India, and the decisions of the Supreme Court are binding on all courts in the country. The CJI also has a vital role in the maintenance of the rule of law and the protection of the fundamental rights of citizens.


How CJI is appointed?

The Chief Justice of India (CJI) is the highest judicial authority in India and the head of the Supreme Court of India. The appointment of the CJI is governed by the provisions of the Constitution of India and is a complex process that involves several stakeholders.


The process of appointment of the CJI starts with the recommendation of the outgoing CJI. The outgoing CJI, in consultation with the two senior-most judges of the Supreme Court, makes a recommendation to the President of India for the appointment of the next CJI. The President of India is then required to appoint the person recommended by the outgoing CJI.


In the event that the outgoing CJI is unable to make a recommendation, the two senior-most judges of the Supreme Court may make a recommendation to the President of India for the appointment of the next CJI. In such a scenario, the President of India is required to appoint the person recommended by the two senior-most judges.


Once the recommendation for the appointment of the CJI has been made, the President of India is required to consult with such of the Judges of the Supreme Court and of the high courts in the States as he considers necessary before making the appointment.


The appointment of the CJI is also subject to the provisions of the Constitution of India, and the person appointed as the CJI must be a citizen of India and must have been a judge of a high court or of the Supreme Court for at least five years or an advocate of a high court or of the Supreme Court for at least ten years.


In addition to these requirements, the person appointed as the CJI must also possess good character and a high degree of integrity. The Constitution of India also requires that the CJI be impartial and independent in the exercise of his or her duties and not be influenced by any political or other considerations.

The appointment of the CJI is an important event in the Indian judicial system, and it is a complex process that involves several stakeholders. The appointment of the CJI is a critical aspect of the functioning of the judiciary and is subject to the provisions of the Constitution of India.


The CJI holds office until the age of 65 years or until such time as he or she resigns or is removed from office. The removal of the CJI from office can only be done through a process of impeachment, and the CJI can only be impeached on the grounds of proved misbehavior or incapacity.


Removal


The Chief Justice of India (CJI) is the highest judicial authority in India and the head of the Supreme Court of India. The CJI holds a position of great importance and is responsible for the impartial and fair administration of justice in India. As such, the removal of the CJI from office is a serious matter and is subject to the provisions of the Constitution of India.

The removal of the CJI from office can only be done through a process of impeachment, which is a constitutional mechanism for removing a judge from office for proved misbehavior or incapacity. The process of impeachment of the CJI is governed by the Judges (Inquiry) Act, 1968, and the provisions of the Constitution of India.


The process of impeachment of the CJI starts with a motion being presented in either house of the Parliament, signed by not less than one-fourth of the total members of that house. The motion must state the grounds on which the impeachment of the CJI is sought, and must be supported by evidence and other material.


Once the motion has been presented, the speaker of the house in which the motion has been presented constitutes a three-member committee to investigate the allegations contained in the motion. The committee is required to hold an inquiry into the allegations contained in the motion and to report its findings to the house.


If the committee finds that the allegations contained in the motion are substantiated, it may recommend the impeachment of the CJI to the house. The house may then consider the recommendation of the committee and, by a majority of the total membership of that house and by a majority of not less than two-thirds of the members present and voting, pass a resolution for the impeachment of the CJI.

If a resolution for the impeachment of the CJI is passed by one house of the Parliament, it is then transmitted to the other house, where it must be considered and, if a resolution is passed by a majority of the total membership of that house and by a majority of not less than two-thirds of the members present and voting, the CJI shall be removed from office.


The process of impeachment of the CJI is a serious matter, and it is subject to the provisions of the Constitution of India. The process of impeachment serves as a mechanism for ensuring the impartial and fair administration of justice in India and for protecting the independence of the judiciary.


Acting President


The Chief Justice of India (CJI) can act as the President of India in the event of a vacancy in the office of the President, or in the event that the President is unable to discharge the functions of his office due to any other reason. The provision for the CJI to act as the President is contained in Article 65 of the Constitution of India.

The President of India is the head of state and the first citizen of India. The President is elected by an Electoral College consisting of the elected members of both houses of Parliament and of the Legislative Assemblies of the States. The President holds office for a term of five years and can be re-elected for a second term.


The Chief Justice of India, on the other hand, is the highest judicial authority in India and is the head of the Supreme Court of India. The Chief Justice is appointed by the President of India, in consultation with other judges of the Supreme Court of India and of the high courts. The Chief Justice is considered the first among equals, and holds a position of great importance in the administration of justice in India.


In the event of a vacancy in the office of the President, or in the event that the President is unable to discharge the functions of his office due to any other reason, the Chief Justice of India shall act as the President until a new President is elected, or until the President is able to resume the functions of his office, as the case may be. The provisions of the Constitution of India make it clear that the CJI is only to act as the President and shall not be deemed to be the President.


The provision for the CJI to act as the President serves as a mechanism for ensuring the continuity of the government and for ensuring that the functions of the President are carried out in the event of a vacancy in the office of the President, or in the event that the President is unable to discharge the functions of his office.


It is important to note that the provision for the CJI to act as the President is not a frequent occurrence, and has only happened a few times in the history of India. In such situations, the CJI continues to perform his duties as the Chief Justice of India and shall only act as the President in the performance of the functions of the President.


Remuneration

The remuneration of the Chief Justice of India (CJI) is determined by the Parliament of India and is set forth in the Constitution of India. The Chief Justice of India is the highest judicial authority in India and is considered the first among equals. The CJI holds a position of great importance in the administration of justice in India and is responsible for the administration of the Supreme Court of India.


The remuneration of the Chief Justice of India includes a salary, as well as various other perks and privileges. The salary of the Chief Justice of India is equal to that of a judge of the Supreme Court of India and is determined by the Parliament of India. As per the latest information, the Chief Justice of India currently receives a salary of Rs. 2,80,000 (approximately $3800) per month.


In addition to the salary, the Chief Justice of India is also entitled to various perks and privileges, such as a furnished residence, a car and driver, and other facilities as per the rules and regulations. The Chief Justice of India is also provided with a staff for his official and personal needs, including a private secretary and a personal assistant.


It is important to note that the remuneration of the Chief Justice of India, like that of other judges of the Supreme Court of India, is not subject to tax. This is in keeping with the principle of independence of the judiciary, which requires that judges should not be subject to any outside influence in the performance of their duties.


The remuneration of the Chief Justice of India includes a salary and various other perks and privileges. The salary of the Chief Justice of India is determined by the Parliament of India and is equal to that of a judge of the Supreme Court of India. The Chief Justice of India is also entitled to various perks and privileges, such as a furnished residence, a car and driver, and other facilities as per the rules and regulations. The remuneration of the Chief Justice of India, like that of other judges of the Supreme Court of India, is not subject to tax.


2018 Crisis


The 2018 crisis of the Chief Justice of India refers to the events surrounding a public hearing in the Supreme Court of India, where four senior-most judges of the court went public with their grievances against the then Chief Justice of India, Dipak Misra. The hearing took place on January 12, 2018, and was widely covered by the media, leading to widespread public interest and concern.


The four judges, who were Justices Jasti Chelameswar, Ranjan Gogoi, Madan B. Lokur, and Kurian Joseph, expressed their concerns about the functioning of the Supreme Court and the allocation of cases by the Chief Justice of India. They claimed that the Chief Justice was not following the established conventions and traditions of the court, and was selectively assigning sensitive and important cases to junior judges.


The public hearing created a major controversy and sparked a nationwide debate on the independence of the judiciary and the role of the Chief Justice of India in the administration of justice. The public hearing was widely seen as an unprecedented move, as it was the first time in the history of independent India that senior judges of the Supreme Court had gone public with their grievances against the Chief Justice.


The crisis was resolved after the Chief Justice met with the judges and addressed their concerns. However, the events of the crisis raised important questions about the functioning of the judiciary and the role of the Chief Justice of India in the administration of justice. The crisis also brought to light the need for transparency and accountability in the functioning of the judiciary and the need for measures to ensure the independence of the judiciary.

The 2018 crisis of the Chief Justice of India was a major event in the history of the Supreme Court of India and the Indian judiciary. The public hearing of four senior judges of the court, who went public with their grievances against the then Chief Justice of India, sparked a nationwide debate on the independence of the judiciary and the role of the Chief Justice of India in the administration of justice. The crisis raised important questions about the functioning of the judiciary and the need for transparency and accountability in the administration of justice.


Role of CJI

The Chief Justice of India holds a position of great importance in the administration of justice in India and is responsible for the administration of the Supreme Court of India.


The role of the Chief Justice of India is primarily to preside over the proceedings of the Supreme Court and to ensure the proper functioning of the court. The Chief Justice of India is responsible for allocating cases to different benches of the court and for making appointments of judges to the court. The Chief Justice of India is also responsible for the administration of the court and for ensuring that the court is equipped with the necessary resources to carry out its functions effectively.


The Chief Justice of India is also the final court of appeal in India, and all appeals to the Supreme Court are heard by the Chief Justice or by a bench of judges presided over by the Chief Justice. The Chief Justice of India is also the final authority on the interpretation of the Constitution of India and is responsible for upholding the rule of law and the protection of fundamental rights.


In addition to these formal responsibilities, the Chief Justice of India also plays an important role in shaping the judicial policy of the country and in the development of the Indian legal system. The Chief Justice of India is the principal representative of the judiciary and is responsible for maintaining its independence and for ensuring its impartiality.


The Chief Justice of India is also responsible for ensuring the smooth functioning of the court and for resolving disputes between judges and between the court and other branches of government. The Chief Justice of India is also responsible for maintaining the integrity of the judiciary and for ensuring that judges are held to the highest ethical standards.


Supreme Court


The Supreme Court of India is the highest court of appeal in India and is responsible for the administration of justice in the country. The Supreme Court was established under the provisions of the Constitution of India, which was adopted by the Constituent Assembly of India on 26th November, 1949 and came into effect on 26th January, 1950.


Before the establishment of the Supreme Court of India, the highest court of appeal in India was the Federal Court of India, which was established under the Government of India Act of 1935. The Federal Court of India had jurisdiction over matters related to federal law and the interpretation of the Constitution, and was responsible for hearing appeals from lower courts.


The establishment of the Supreme Court of India was a major step forward in the development of the Indian legal system, as it provided for a unified and independent system of justice in the country. The Supreme Court of India was designed to be the final court of appeal in India, with the power to interpret the Constitution and to provide advisory opinions on matters of public importance.


The provisions of the Constitution of India specify the composition of the Supreme Court, the jurisdiction of the court, and the procedures for the appointment of judges. The Supreme Court consists of the Chief Justice of India and a maximum of 31 other judges, and is responsible for hearing appeals from lower courts and for providing advisory opinions on matters of public importance.


History

The Supreme Court of India was established on January 26, 1950, and is based at Tilak Marg in New Delhi. The Supreme Court of India functioned in the Parliament building until it moved to the current building. It has a 27.6-meter high dome and a large portico with a portico. You need to get a pass at reception to see inside.


On January 28, 1950, two days after India became a sovereign democratic republic, the Supreme Court was established. The inauguration took place in the Prince's Chamber of the Parliament Building, which also housed the Indian Parliament, consisting of the Council of State and the People's House. Here, in this house of the princes, the Federal Court of Justice of India met for 12 years between 1937 and 1950. It was to be the seat of the Supreme Court for years in until the Supreme Court received its own power company premises.

The incorporation process was simple but impressive.


They began at 9:45 a.m. when Federal Court Justices - Chief Justice Harilal J. Kania and Justices Saiyid Fazl Ali, Mr Patanjali Sastri, Mehr Chand Mahajan, Bijan Kumar Mukherjea and S.R.Das took their places. The Chief Justices of the High Courts of Allahabad, Mumbai, Madras, Orissa, Assam, Nagpur, Punjab, Saurashtra, Patiala and the Union of States of East Punjab, Mysore, Hyderabad, Madhya Bharat and Travancore-Cochin were present. Along with the Attorney General of India, Mr.C. Setalvad The Attorneys General of Mumbai, Madras, Uttar Pradesh, Bihar, East Punjab, Orissa, Mysore, Hyderabad and Madhya Bharat was present. Also present were the President of the Council of Ministers, other ministers, ambassadors and foreign diplomatic representatives, a large number of former and other Speakers of the Tribunal and other distinguished guests.


Ensure that the Rules of Procedure of the Supreme Court are published and that the names of all federal court attorneys and prosecutors are added to the Supreme Court lists, that the investiture process is completed, and that some of the Supreme Court procedures have been incorporated.

After its inauguration on January 28, 1950, the Supreme Court began to meet in part of the Sejm. The courthouse moved to its current building in 1958. The building has the shape of a court scale. The central wing of the building is the central balance beam. In 1979, two new wings were added to the complex: East and West. There are 19 courtrooms in total in different wings of the building. The Supreme Court of Justice is the largest of the courts at the centre of the Central Wing.


The original 1950 Constitution provided for a Supreme Court with a Chief Justice and 7 Puisne Justices, leaving Parliament to increase this number. In the early years, all Supreme Court justices would congregate to hear cases before them. In 1950, as the work of the Court progressed and the backlog of cases increased, Parliament increased the number of judges by eight (current power). As the number rises to, they sit in smaller benches of 2 and 3 judges - in larger benches of 5 or more judges, they meet only when necessary or to resolve disagreements or disputes.


The Supreme Court of India consists of the Chief Justice and 33 other judges appointed by the President of India. Supreme Court justices retire at 65. To be appointed as a Justice of the Supreme Court, a person must be a citizen of India and have served as a Justice of the Supreme Court, or at two or more of such courts, or as Counsel of the Supreme Court, or two or more of those courts, for at least five consecutive years for at least 10 years in a row or must be an excellent attorney in the opinion of the President. There are provisions for the appointment of Supreme Court Justice as ad hoc Supreme Court Justices and retired Supreme Court Justices or Supreme Court Justices who sit and serve as Justices of that Court.


The Constitution seeks to ensure the independence of Supreme Court justices in a number of ways. A Justice of the Supreme Court can only be removed from office by order of the President after he has made a speech in each House of Parliament supported by a majority of all Members of that House and less than a two-thirds majority. Submitted to the members present and voting at the same meeting for the purpose of revocation for fault or proven incompetence and submitted to the President. A person who has been a judge of the Supreme Court cannot serve in any court or any other body in India.


Supreme Court hearings are held in English only. The Supreme Court Rule of 1966 and the Supreme Court Rule of 2013 are formulated on the basis of Article 145 of the Constitution governing the practice and procedure of the Supreme Court.


How many Supreme Court Judges are in India?


The Supreme Court of India is the highest court of appeal in India and is responsible for the administration of justice in the country. The Supreme Court was established under the provisions of the Constitution of India and has the power to interpret the Constitution, to hear appeals from lower courts, and to provide advisory opinions on matters of public importance.

As per the provisions of the Constitution of India, the Supreme Court consists of the Chief Justice of India and a maximum of 31 other judges. The exact number of judges in the Supreme Court is determined by a law passed by the Parliament of India, and can be changed from time to time in accordance with the needs of the country.

Currently, the Supreme Court of India has a strength of 34 judges, including the Chief Justice of India. The judges of the Supreme Court are appointed by the President of India on the recommendation of a panel of judges and hold office until the age of 65 years.


The judges of the Supreme Court are appointed on the basis of their legal knowledge, judicial experience, and integrity, and are expected to maintain the highest ethical standards in the performance of their duties. The judges of the Supreme Court are also required to be impartial and independent, and to act in accordance with the provisions of the Constitution of India and the laws of the land.


The Supreme Court of India plays a critical role in the administration of justice in India and is responsible for upholding the rule of law and the protection of fundamental rights. The Supreme Court has the power to interpret the Constitution and to strike down laws that are inconsistent with the Constitution. The Supreme Court is also the final court of appeal in India and is responsible for resolving disputes between individuals, between the government and individuals, and between different branches of government.


The Supreme Court of India is the highest court of appeal in India and is responsible for the administration of justice in the country. The Supreme Court consists of the Chief Justice of India and a maximum of 31 other judges, and is currently comprised of 34 judges. The judges of the Supreme Court are appointed by the President of India on the recommendation of a panel of judges and are expected to maintain the highest ethical standards in the performance of their duties. The Supreme Court plays a critical role in the administration of justice in India and is responsible for upholding the rule of law and the protection of fundamental rights.


Function


The Supreme Court of India is the highest court of appeal in India and is responsible for the administration of justice in the country. The Supreme Court is established under the provisions of the Constitution of India and has the power to interpret the Constitution, to hear appeals from lower courts, and to provide advisory opinions on matters of public importance.


The Supreme Court functions in a manner that is designed to ensure that justice is done in a fair and impartial manner. The Supreme Court has a number of different functions, including:

1. Interpreting the Constitution: The Supreme Court has the power to interpret the Constitution of India and to determine the meaning of the provisions of the Constitution. The interpretation of the Constitution by the Supreme Court is binding on all other courts in India.

2. Hearing appeals from lower courts: The Supreme Court is the final court of appeal in India and is responsible for hearing appeals from lower courts. An appeal to the Supreme Court can be made from a judgment or order of a high court or a tribunal, and the Supreme Court has the power to reverse, modify, or affirm the decision of the lower court.

3. Providing advisory opinions: The Supreme Court has the power to provide advisory opinions on matters of public importance. Advisory opinions can be sought by the President of India, the Governor of a state, or two or more states, and the Supreme Court is required to provide an opinion on the matter.

4. Protecting fundamental rights: The Supreme Court is responsible for protecting the fundamental rights of citizens, as guaranteed by the Constitution of India. The Supreme Court has the power to strike down laws that are inconsistent with the Constitution or that violate the fundamental rights of citizens.

5. Resolving disputes between individuals, the government and individuals, and between different branches of government:


The Supreme Court is responsible for resolving disputes between individuals, between the government and individuals, and between different branches of government. The Supreme Court has the power to enforce its decisions and to ensure that justice is done in a fair and impartial manner.


The Supreme Court functions through a system of benches, which are comprised of a number of judges. The benches of the Supreme Court hear cases and make decisions based on the arguments presented by the parties involved. The Supreme Court also has a system of referral benches, which are comprised of a larger number of judges and are responsible for hearing complex or important cases.


The Supreme Court of India is the highest court of appeal in India and is responsible for the administration of justice in the country. The Supreme Court has the power to interpret the Constitution, to hear appeals from lower courts, to provide advisory opinions, to protect fundamental rights, and to resolve disputes between individuals, the government and individuals, and between different branches of government. The Supreme Court functions through a system of benches and referral benches, and ensures that justice is done in a fair and impartial manner.


Working

The Supreme Court of India is the highest court in the Indian judicial system and serves as the final court of appeal for cases arising under the Constitution of India and federal law. The Supreme Court is composed of a Chief Justice and thirty other judges, who are appointed by the President of India in consultation with other judges of the Supreme Court and the High Courts.


The Supreme Court has the power to hear cases on a wide range of topics, including civil rights, criminal law, and commercial law. In addition to its appellate jurisdiction, the Supreme Court also has original jurisdiction in certain cases, such as disputes between the federal government and one or more states, and disputes between two or more states.


The Supreme Court has the power to review any legislative or executive action if it violates the Constitution, and it can declare laws unconstitutional if they are found to be in violation of the Constitution. This power of judicial review makes the Supreme Court a critical player in maintaining the balance of power between the legislative, executive, and judicial branches of government.


The Supreme Court operates through a system of benches, with each bench consisting of a minimum of two judges. The Chief Justice of India decides the composition of each bench and assigns cases to the benches based on their importance and complexity.


To begin the process of hearing a case, a party must file a petition for a writ of certiorari, which is a request for the Supreme Court to review a lower court's decision. The Supreme Court receives thousands of these petitions each year, but it only agrees to hear a small percentage of them.


Once the Supreme Court agrees to hear a case, both sides submit written briefs and oral arguments, during which they present their arguments to the judges of the Supreme Court. After hearing the arguments, the judges of the Supreme Court deliberate and reach a decision, which is then published in the form of a judgment.


The decisions of the Supreme Court are binding on all lower courts and have a significant impact on the development of Indian law. The Supreme Court also has the power to make recommendations for the improvement of the legal system and the administration of justice.


In addition to its judicial function, the Supreme Court also has a crucial role in protecting the fundamental rights of citizens. The Supreme Court has the power to issue writs, such as habeas corpus, mandamus, and quo warranto, to protect individual rights and ensure that the government acts within the limits of the law.


The Supreme Court of India plays a critical role in maintaining the rule of law and protecting the rights of citizens in the country. Its decisions have a significant impact on the development of Indian law and the administration of justice in the country.


JUDGES OF THE SUPREME COURT

Whenever there is a vacancy for the Supreme Court Justice, the Chief Justice of India will initiate the application and make his recommendation to the Minister of Law, Justice and Union Society Affairs to fill the vacancy.

1. The Opinion of the Chief Justice of India on the appointment of a Supreme Court Justice is given in consultation with the Panel of Four Senior Justices of the Supreme Court. If the successor to the Chief Justice of India is not one of the four senior judges of Puisne, he would be appointed to the panel as he would have to influence the selection of the judges who will serve during his tenure as Chief Justice of India.

2. The Chief Justice of India should know the viewpoint of the senior Justice of the Supreme Court originating from the Supreme Court where the recommended person is from, but if he is unaware of his merits and faults, then the later Chief Justice of the Supreme Court, of which the Supreme Court is to be consulted.

3. The obligation to consult a Supreme Court judge would not be limited to the judge for whom the High Court is the domestic judge and thus would not exclude judges who held the post of a judge or chief justice after the transfer.

4. The opinion of the members of the Panel on each recommendation, as well as that of the senior High Court judge of the prospective candidate, would be recorded in writing and the Chief Justice of India is required to express his opinion and the opinion of all in each case. regarding, to the Government of India under the Protocol. If opinions are sought from the Supreme Court of India or other members of the College, especially non-judges, the

5. Consultation need not be drafted but the Consult should draft a memorandum and usually its terms and conditions which will be communicated to the Government of India.


Upon receipt of the Chief Justice of India's final recommendation, the Union Minister for Law, Justice and Economy will make recommendations to the Chief Minister, who will advise the President on the nomination.


Once the appointment is approved, the Indian Government Secretary at the Ministry of Justice informs the Chief Justice of India and obtains a Certificate of Eligibility signed by a Civil Surgeon or District Physician from the nominated individual. A medical certificate must be obtained from all persons selected for employment, whether or not they are in the public service at the time of their employment. The certificate must correspond to the attached form.

Once the President has signed the mandate of appointment, the Indian Government Secretary at the Ministry of Justice will announce the appointment and publish the required notice in the Gazette of India.


APPOINTMENT OF ACTING CHIEF JUSTICE


The Acting President of the Supreme Court is appointed by the President in accordance with Article 126 of the Constitution. A vacancy in the office of Chief Justice must be filled regardless of the length of the vacancy. In such a situation, the highest available Supreme Court Justice is appointed Chief Justice of India. Once the President has approved the appointment, the Indian Government Secretary at the Ministry of Justice informs the Chief Justice of India or, in his absence, the competent judge of the Supreme Court, announces the appointment and publishes the Gazette notice required in India.


APPOINTMENT OF AD HOC JUDGES

Section 127 of the Constitution provides that if at any time there is not a quorum of Supreme Court Justices, the Chief Justice of India shall have the option, with the prior consent of the President and after consultation with the Chief Justice, to hold or continue a session of the Court request in writing that a Supreme Court Justice duly qualified for appointment as Supreme Court Justice attend the Supreme Court hearings for the required period of time. Whenever such an appointment becomes necessary, the Supreme Court of India will consult with the Chief Justice whose question concerns the availability of a judge for Supreme Court sessions. The Chief Justice approves the removal of a particular judge after consultation with the Secretary of State for the seat of the Supreme Court. The Chief Justice of India then notifies the Minister for Union Law, Justice and Trade Affairs of the judge's name and the period during which he must attend the sessions of the Supreme Court and confirms that the judge has been removed by the Chief Justice of the Supreme Court and the Chief Minister of State agreed. The EU Justice and Economy Minister will make a recommendation to the Prime Minister, who will advise the President on who should be nominated for the th session of the Supreme Court.

Once the President has approved the appointment, the Secretary of the Government of India at the Ministry of Justice will

(i) Inform the Chief Justice of India who will formally and in writing request the competent judge to attend the Supreme Court hearings as a display hoc judge.

(ii) Announce the appointment and publish the required notice in the India Gazette.


ATTENDANCE OF RETIRED JUDGES AT SITTINGS OF THE SUPREME COURT

Pursuant to Article 128 of the Constitution, the Chief Justice of the Supreme Court of India may at any time, with the consent of the President, summon any person serving as a Justice of the Supreme Court to sit and act as a Justice of the Supreme Court. Whenever such an appointment becomes necessary, the Chief Justice of the Supreme Court of India will informally question the retired judge and propose that a recommendation be made as to his readiness for service and inform the Union in his capacity as Minister of Law, Justice and Commerce on behalf of the judge and the length of time he must sit on the Supreme Court and perform his duties as a judge.


If the Minister for Law, Justice and Corporate Affairs of the Union deems it appropriate to raise a matter with the Chief Justice of India or to propose another name, he may convey his suggestions to the Chief Justice of India by personal correspondence. . Finally, after obtaining the opinion of the Chief Justice of India, the Minister of Law, Justice and Enterprise of the Union will make a motion to the Chief Minister who will advise the President on who should be nominated to fill the post of Justice of India Supreme court. Once the President has approved the appointment, the Secretary of the Government of India at the Ministry of Justice will inform the Chief Justice of India and issue the required notice and publish it in the Gazette of India.


Conclusion


The CJI is a crucial figure in the administration of justice in India and plays a key role in the functioning of the judiciary. The CJI has significant powers and responsibilities and is responsible for ensuring the impartial and fair administration of justice in the country. The CJI is an important institution in the Indian constitutional system, and the position is held in high regard by the citizens of India.

The appointment of the CJI is a critical aspect of the functioning of the judiciary in India and is governed by the provisions of the Constitution of India. The appointment of the CJI involves several stakeholders, including the outgoing CJI, the two senior-most judges of the Supreme Court, the President of India, and the judges of the high courts in the States. The appointment of the CJI is subject to the provisions of the Constitution of India, and the person appointed as the CJI must possess good character, a high degree of integrity, and must be impartial and independent in the exercise of his or her duties.


The removal of the CJI from office is a serious matter and is subject to the provisions of the Constitution of India. The removal of the CJI from office can only be done through a process of impeachment, which is governed by the Judges (Inquiry) Act, 1968, and the provisions of the Constitution of India. The process of impeachment serves as a mechanism for ensuring the impartial and fair administration of justice in India and for protecting the independence of the judiciary.


The Chief Justice of India is the highest judicial authority in India and is responsible for the administration of the Supreme Court of India. The role of the Chief Justice of India is primarily to preside over the proceedings of the court, allocate cases, and make appointments of judges. The Chief Justice of India is also the final court of appeal, the final authority on the interpretation of the Constitution, and the principal representative of the judiciary. The Chief Justice of India plays an important role in shaping the judicial policy of the country and in maintaining the independence and impartiality of the judiciary.


The Supreme Court of India has its seat in New Delhi, and its jurisdiction extends to the entire territory of India. The Supreme Court has the power to interpret the Constitution and to strike down laws that are inconsistent with the Constitution. The Supreme Court is also the final court of appeal in India and is responsible for resolving disputes between individuals, between the government and individuals, and between different branches of government.

Gurugrah

 

By Harshit Mishra | March 16, 2022, | Writer at Gurugrah_Blogs.

 

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