Justice Bhushan Ramkrishna Gavai has been designated as the 52nd Chief Justice of India (CJI). He is set to take office on May 14, 2025, following Justice Sanjiv Khanna
Overview of the Appointment Process for the Chief Justice of India: The constitutional foundation for this process is established in Article 124(2), which grants the President the authority to appoint the Chief Justice of India (CJI).
Article 126 allows for the appointment of an Acting Chief Justice when necessary. The CJI is appointed by the President of India, who acts on the advice of the Prime Minister following consultations with the outgoing CJI. Although there is no fixed term, the CJI serves until reaching the age of 65 years, as stipulated in Article 124(2).
To be eligible for this position, a candidate must be an Indian citizen and must have either served as a Judge of a High Court for a minimum of five years, practiced as an advocate in a High Court for at least ten years, or be recognized as a distinguished jurist by the President.
The appointment procedure typically follows the seniority rule, where the most senior judge of the Supreme Court is recommended. The outgoing CJI suggests a successor, and if there are any uncertainties, consultations with senior judges are required.
The Law Ministry receives the recommendation and forwards it to the Prime Minister, who advises the President on the appointment. The appointee must also provide a medical fitness certificate from a designated medical officer.
An official notification is subsequently published in the Gazette of India after the appointment is approved. In cases where the position of CJI is temporarily vacant, an Acting Chief Justice is appointed under Article 126, with the senior-most available judge assuming the responsibilities of the CJI during this interim period.
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