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Chief Justice of India 2022
- The Chief Justice of India is the highest judicial post in India. Usually, the senior-most judge of the Supreme Court occupies the position.
- The outgoing CJI recommends the Union Ministry of Law, Justice and Company Affairs about the next CJI. The President of India makes the final appointment.
- Eligibility Criteria for selection as CJI: The criteria for CJI are same as that of Supreme Court judge:
- He/she should be a citizen of India
- He /she should have been for at least five years a Judge of a High Court or of two or more such Courts in succession or
- He/she should have been for at least ten years an advocate of a High Court or of two or more such Courts in succession or
- He/she should be, in the opinion of the President, a distinguished jurist
- Appointment of Chief Justice of India:
- The President of India appoints Chief Justice of India and the other judges of the Supreme Court under clause (2) of Article 124 of the Indian Constitution.
- The President makes appointment after consultations with judges of the Supreme Court, as the President may “deem necessary”.
- Tenure: The CJI serves until he/she attains the age of 65 years.
- Removal of Chief Justice of India:
- A judge of the Supreme Court shall not be removed from his office except by an order of the President passed after an address presented to the President by each House of Parliament.
- Such an address should be supported by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting.
- Criteria for removal: The CJI or Supreme Court judge cannot be removed during their tenure except on proved misbehavior or incapacity.
How are Judicial Appointments to the Supreme Court Made
- The appointment of the Chief Justice of India and judges of the Supreme Court is governed by a Memorandum of Procedure.
- For the appointment of a Supreme Court judge, when a vacancy is expected to arise in the apex court, the collegium recommends a candidate to the Union Law Minister.
- The collegium of the CJI and four senior-most judges of the Supreme Court make recommendations for appointments to the apex court and High Courts.
- The CJI ascertains that the views of the senior-most judges in the Supreme Court, who hail from the High Court from where the person recommended comes from.
- The opinion of each member of the Collegium and other judges consulted is to be made in writing and forms part of the file on the candidate sent to the government.
- If the CJI consults non-judges, he/she should make a memorandum containing the substance of consultation, which would also be part of the file.
- After the receipt of the Collegium recommendation, the Law Minister forwards it to the Prime Minister, who would advise the President in the matter of appointment.
50th Chief Justice of India Landmark Judgments
- Ayodhya land title dispute: Justice Chandrachud was part of the bench that resolved the Ayodhya land title dispute, paving way for the construction of Ram temple.
- Decriminalization of homosexuality: He was part of the bench that partially struck down Section 377 of the IPC that criminalized homosexuality.
- Validity of the Aadhaar scheme: Justice Chandrachud dissented with the majority opinion when he opined that passing Aadhaar bill as money bill was unconstitutional.
- Sabarimala temple issue: 50th Chief Justice of India Chandrachud supported the right of women in the 10-50 age group to visit the Sabarimala Temple and held that not allowing them to enter violated constitutional morality.
- Expanding scope of Medical Termination of Pregnancy (MTP) Act: He was part of the bench that expanded the provision of the law to include unmarried women, even transgender, for abortion between 20-24 weeks of pregnancy.
- Right to privacy judgment: Justice Chandrachud wrote the judgment for a nine-judge constitution bench in the Justice K S Puttaswamy versus Union of India case that unanimously ruled that right to privacy constituted a fundamental right.
- Permanent commission for women officers: The bench headed by Justice Chandrachud gave judgment in favour of women officers in the Army getting permanent commission and command postings.
- Demolition of Supertech towers: Justice Chandrachud headed the bench that ordered the demolition of realty major Supertech’s twin 40-storey towers in Noida.
50th Chief Justice of India: FAQs
Q Who will be 50th CJI of India?
Ans. Justice D Y Chandrachud took oath as the 50th Chief Justice of India November. He succeeded outgoing CJI UU Lalit, who demits office in November.
Q Who is going to be the next Chief Justice of India?
Ans. Dr Justice Dhananjaya Yeshwant Chandrachud
Q Who is the current and 48 Chief Justice of India?
Ans. There are a total of 49 chief justices of India that have served since the establishment of the Supreme Court of India in 1950, which superseded the Federal Court of India. The Incumbent and 49 th chief justice is Justice Uday Umesh Lalit, who entered office on 27 August 2022.
Q Who is the present Chief Justice of India 2022?
Ans. The past Chief Justice of India, U.U. Lalit nominated Justice D.Y. Chandarchud as his successor during a brief meeting held on 11th October 2022. The name was announced in the presence of the justice of the Supreme Court at the Supreme Court Judge’s Lounge.
Q How many judges are there in High Court of India 2022?
Ans. There are 25 high courts in India. The number of total judges sanctioned in these high courts is 1108 of which 836 judges are permanent and remaining 272 sanctioned for additional judges. As of 1 October 2022, 336 of the seats, about 30%, are vacant.
Q Which is the oldest high court in India?
Ans. The Calcutta High Court is the oldest High Court in India. It has jurisdiction over the State of West Bengal and the Union Territory of the Andaman and Nicobar Islands.