Question 481
The Chief Justice of India is appointed by:
- AOption (a)
President
- BOption (b)
Prime Minister
- COption (c)
Vice President
- DOption (d)
Law Minister
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Correct answer
President
Why this answer is correct
The correct answer is President.
Key Points
- Under Article 124(2) of the Constitution of India, the President of India is the constitutional authority empowered to appoint the Chief Justice of India (CJI) and every other Judge of the Supreme Court.
- The appointment follows the seniority principle, where the outgoing Chief Justice recommends the name of the senior-most judge of the Supreme Court to the Union Ministry of Law and Justice.
- While the Union Law Minister forwards the recommendation to the Prime Minister, who then advises the President, the President remains the ultimate appointing authority under their seal and warrant.
- The Supreme Court has established through the Second Judges Case (1993) and Third Judges Case (1998) that the President must act in accordance with the recommendations of the Collegium, which consists of the CJI and the four senior-most judges.
Additional Information
- Supreme Court of India:
- Established under Part V, Chapter IV (Articles 124 to 147) of the Constitution, it serves as the apex judicial body.
- The Chief Justice of India holds office until the age of 65 years.
- The CJI administers the oath of office to the President, and conversely, the President administers the oath to the CJI.
- Removal Procedure:
- A Judge can only be removed by the President following an address by Parliament supported by a special majority in both houses.
- The grounds for removal are limited to proved misbehaviour or incapacity as per the Judges (Inquiry) Act, 1968.