CJI Khanna recommends Gavai as successor

Context

• Chief Justice of India Sanjiv Khanna, who is set to retire on May 13, on Wednesday recommended Justice B.R. Gavai to the government for appointment as the 52nd Chief Justice of India.

• Justice Gavai was elevated as a judge of the Supreme Court on May 24, 2019. He is due to retire on November 23, 2025, leaving him with a tenure of little over six months.

• Justice Gavai is the next in line to be Chief Justice of India in accordance with the seniority norm with Chief Justice Khanna is scheduled to retire on May 13.

• Under the Memorandum of Procedure for appointment of Chief Justice of India and Supreme Court Judges, the Law Ministry seeks the recommendation of the outgoing Chief Justice about the next appointment.

• The letter from the government kickstarts the appointment process for the next Chief Justice of India.

Appointment of CJI and SC judges

• A Supreme Court judge is appointed by the President under Article 124 (2) of the Constitution. As per the convention, the senior-most judge of the Supreme Court is designated as the CJI.

• The seniority is measured by the length of service on the Supreme Court. If same service length, then age is factored in.

Qualification

A person to be appointed as a Supreme Court judge, should have the following qualifications:

1He should be a citizen of India.

2He should have been a judge of a High Court (or high courts in succession) for five years; or

3He should have been an advocate of a High Court (or High Courts in succession) for ten years; or

4He should be a distinguished jurist in the opinion of the president.

Removal of CJI & SC judges

• A Supreme Court judge, including the CJI, can be removed by the President after an address by Parliament supported by a special majority.

• Grounds for removal (Article 124(4)):

1Proven misbehavior

2Incapacity

• Further, the tenure of a CJI and SC judges is until they attain the age of 65 years, while High Court judges retire at 62 years.

• The Central government has no role to play in the appointment of the CJI except for the Union Law Minister seeking the recommendation from the incumbent CJI, before sending it to the President.