CURRENT AFFAIRS
CURRENT AFFAIRS
Description
CJI Constitutes Three-Member Committee to Investigate Allegations Against Delhi High Court Judge
Chief Justice Of India (CJI) - Role, Appointment, And Powers
The Chief Justice of India (CJI) is the head of the Indian judiciary and serves as the presiding judge of the Supreme Court of India. The position holds immense significance in ensuring the independence and integrity of the judiciary. The CJI is responsible for overseeing the judicial system, upholding the Constitution, and leading judicial reforms.
Eligibility Criteria For Appointment As CJI
To be appointed as the Chief Justice of India, an individual must fulfill the following qualifications:
Indian Citizenship – The candidate must be a citizen of India.
Judicial Experience – The individual should have served as a judge in a High Court for at least five years.
Advocacy Experience – Alternatively, a person with a minimum of ten years of experience as an advocate in a High Court is also eligible.
Distinguished Jurist – If the President of India considers a person to be a distinguished jurist, they may also be appointed as the CJI.
Process Of Appointment Of CJI
The appointment of the Chief Justice of India is governed by Article 124(2) of the Indian Constitution. The process is as follows:
Recommendation by the Outgoing CJI – The sitting CJI recommends their successor based on seniority among Supreme Court judges.
Approval by the Government – The Union Minister of Law, Justice, and Corporate Affairs forwards the recommendation to the Prime Minister.
Presidential Appointment – The Prime Minister advises the President of India, who formally appoints the next Chief Justice of India.
Seniority-Based Appointment – According to the Supreme Court ruling in the Second Judges' Case (1993), the senior-most judge of the Supreme Court is appointed as the CJI to maintain judicial independence and avoid executive influence.
Powers and Responsibilities Of Chief Justice Of India
The CJI holds significant administrative and judicial responsibilities, which include:
Master of the Roster – The CJI has the authority to assign cases to different benches of the Supreme Court and decide their composition.
Head of the Collegium System – As the head of the Supreme Court Collegium, the CJI plays a key role in the appointment, transfer, and elevation of judges in the Supreme Court and High Courts.
Judicial Leadership – The CJI presides over Constitution Benches and crucial legal matters that have a far-reaching impact on the country.
Administrative Control – The CJI oversees the functioning of the Supreme Court, including the appointment of court staff, allocation of resources, and formulation of procedural guidelines.
Advisory Role – The Chief Justice of India may advise the President on constitutional matters when requested under Article 143 of the Constitution.
Procedure For Removal Of CJI Or Supreme Court Judges
A Supreme Court judge, including the CJI, can be removed only under exceptional circumstances. The procedure is detailed under Article 124(4) of the Constitution:
Grounds for Removal - Proven Misbehavior – If a judge is found guilty of misconduct or unethical practices. Incapacity – If a judge is unable to discharge their duties due to physical or mental incapacity.
Impeachment Process - A motion for removal must be initiated in either House of Parliament. A special majority (two-thirds of the members present and voting) in both Houses of Parliament must approve the removal. Upon parliamentary approval, the President of India issues an order to remove the judge.
This process ensures that the judiciary remains independent and free from political influence.
Collegium System: Judicial Appointments And Transfers
The Collegium System is a unique mechanism in India that governs the appointment and transfer of judges in the Supreme Court and High Courts. It is not a statutory body but was developed through landmark Supreme Court judgments, primarily in the Three Judges Cases (1981, 1993, and 1998).
Composition Of Collegium System
For Supreme Court Appointments - The CJI and the four senior-most judges of the Supreme Court form the Collegium. They collectively decide on the appointment of new Supreme Court judges.
For High Court Appointments - At the High Court level, a Collegium consisting of the Chief Justice of the High Court and two senior-most judges makes recommendations. These recommendations are reviewed by the Supreme Court Collegium (CJI and two senior-most SC judges) before being sent to the government for final approval.
The Collegium System ensures judicial independence by keeping the executive’s influence in check. However, it has also faced criticism for lacking transparency and accountability.
The Chief Justice of India plays a pivotal role in upholding the Constitution and ensuring the smooth functioning of the judiciary. With immense power and responsibility, the CJI not only presides over crucial legal matters but also oversees the appointment of judges through the Collegium System. At the same time, mechanisms such as impeachment and judicial accountability exist to maintain the integrity of the office. The judiciary’s independence remains a cornerstone of India’s democracy, with the CJI serving as its highest judicial authority.
Welcome to Notopedia.com, your free learning platform that caters to the diverse needs of students and aspirants across a spectrum of entrance exams and educational endeavors. Whether you're preparing for highly anticipated exams like CAT 2023, NEET 2023, JEE Main, or bank job vacancies, our platform offers a wealth of resources to guide you towards success. Stay up-to-date with the latest exam dates, announcements, and results for various government recruitment exams, including SSC CGL, CHSL, NDA, and UPSC. Explore comprehensive study materials, sample papers, and exam patterns to hone your skills and boost your confidence. From important dates like CBSE Class 10 and 12 date sheets to exam-specific information like JEE Main 2023 application form date, we cover it all. Notopedia.com is your go-to source for everything from admissions and admit cards to scholarships and college information. Whether you're aiming for a career in defense, government, banking, or higher education, our free learning platform equips you with the knowledge and resources you need to excel. Join us in your educational journey and unlock a world of opportunities, guidance, and comprehensive support.
For more Updates and Information - Visit Notopedia's Bulletin Board
For Latest Sarkari Jobs - Visit Notopedia's Sarkari Jobs Section
For access to more than 20,000 Colleges - Visit Notopedia's College Section
For School Studies and Exams Preparation across 14 Boards - Visit Notopedia's School Section
For Comprehensive Preparation of Sarkari Job Exams - Visit Notopedia's Sarkari Exams Section
