Title : THE CHIEF JUSTICE OF INDIA

Date : Dec 27, 2021

Description :

GS II

 

Topic à Indian Judiciary

 

• The President, in accordance with clause (2) of Article 124 of the Constitution, appoints the Chief Justice of India and the Supreme Court (SC) judges.
• In terms of the CJI, the retiring CJI proposes his successor.
• The recommendation 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.
• The Supreme Court collegium is led by the Chief Justice of India and consists of the court's four most senior judges.
• The collegium system is a system of judicial appointment and transfer based on Supreme Court judgements (Judges Cases), rather than an Act of Parliament or a provision of the Constitution.
• CJI (Master of Roster) Administrative Powers: The office is commonly referred to as primus inter pares - first among equals.
• In addition to his adjudicatory duties, the CJI also serves as the Court's administrative head.
• In his administrative function, the Chief Justice has the authority to assign cases to specific benches.
• The number of judges who will hear a case is likewise decided by the Chief Justice.
• As a result, he can sway the decision by simply selecting judges who he believes will favor a particular outcome.
• Such administrative powers can be exercised without the approval of the entire faculty and for no apparent cause.

 

• Source à The Hindu à 25/12/21 à Page Number 4

Tags : Second Judges Case, Supreme Court collegium