Justice Dhananjaya Y Chandrachud: 50th Chief Justice of India; Know Appointment, Removal of CJI & More

CJI U U Lalit recommended to the Centre the name of the senior-most Supreme Court judge Justice Dhananjaya Y Chandrachud as the next, 50th Chief Justice of India.
Justice Chandrachud has been part of several Constitution benches and landmark verdicts of the top court, will become the 50th CJI on 9 November 2022.

Tenure of 50th CJI

The tenure of 50th CJI Justice Chandrachud is two years and is due to retire on November 10, 2024. Supreme Court judges retire at the age of 65.

Justice Chandrachud: Landmark Verdicts

Justice Chandrachud was part of the benches which delivered path-breaking judgements on Ayodhya dispute, right to privacy cases, decriminalising same-sex relations, expanded the scope of the Medical Termination of Pregnancy(MTP) Act, validity of the Aadhaar scheme and Sabarimala issue.

Appointment of Chief Justice of India

• The Chief Justice of India and the Judges of the Supreme Court are appointed by the President under Article 124 of the Constitution.
• In the Second Judges Case (1993), the SC ruled that the senior most judge should alone be appointed to the office of the CJI.

Appointment of Supreme Court Judges

• The other judges are appointed by the President after consultation with the CJI and other judges of the SC and the HCs.
• The consultation with the Chief Justice of India is obligatory in the case of the appointment of a judge other than CJI.

Qualification of Supreme Court Judges

• Should be a citizen of India.
• Should have been a judge of an HC (or HCs in succession) for five years.
• Should have been an advocate of an HC (or HCs in succession) for ten years.
• Should be a distinguished jurist in the opinion of the President.
• The Constitution has not prescribed minimum age for appointment as a judge of the SC.

Oath or Affirmation

A person appointed as a judge of the SC has to make and subscribe an oath or affirmation before the President, or some person appointed by him for this purpose.

Tenure of Judges

• The Constitution has not fixed the tenure of a judge of the SC.
• However, it makes the following provisions in this regard:

1. Holds office until he/she attains the age of 65 years.
2. Any question regarding the age is to be determined by such authority and in such manner as provided by Parliament.
3. Can resign the office by writing to the President.
4. Can be removed from his office by the President on the recommendation of the Parliament.

Removal of Supreme Court Judges

• Grounds of Removal of SC Judge: Proved misbehaviour or Incapacity.
• A judge of the SC can be removed from office by an order of the President.
• The President can issue the removal order only after an address by Parliament has been presented in the same session for such removal.
• The motion must be supported by a special majority of each House of Parliament.