How is the Chief Justice of India appointed? Know all about Collegium System here

Appointment of CJI: Why in News?

There is almost a month left before the Chief Justice of India is to retire and would recommend the successor to this post.  Law Minister Ravi Shankar Prasad sent a letter to Justice Bobde, set to retire on April 23, seeking his recommendation.

As per the recent news, Chief Justice of India SA Bobde has made his decision on appointing his successor by recommending the senior-most judge Justice NV Ramana to the highest judicial post of the country. In this process, CJI also dismissed the complaint filed by Andhra Pradesh Chief Minister YS Jagan Mohan Reddy against Justice Ramana in relation to the Amaravati land scam. 

The Procedure of appointment of CJI

According to the memorandum of Procedure that governs the appointment of members of the higher judiciary, "appointment to the office of the Chief Justice of India should be of the senior most judge of the Supreme Court considered fit to hold the office."

It stipulates that the Law Minister would, at  an appropriate time, seek the recommendation of the outgoing Chief Justice of India for the appointment of the new CJI. 

In the process the recommendation of the CJI is received by the Law Minister who puts it up before the Prime Minister who advises the President in the matter of the appointment.

In case of doubt of the CJIs fitness, consultation with other judges is made for the appointment of the next CJI. 

What is a Collegium?

The Collegium System is a system through which appointments, promotion and transfer of the judges of the Supreme Court are decided. It is carried forward by a forum consisting of the Chief Justice of India along with four of the senior-most judges of the Supreme Court.

No such mention (of the Collegium) has been made either in the original Constitution of India or in successive amendments.

As per the Constitution

1. The judges of the Supreme Court are appointed by the President of India
2. The CJI is appointed by the President as well once the consultation with the judges of SC and HC is done as the President deems necessary
3. All other judges of the SC are appointed by the President after consultation with the CJI. 
4. The Supreme Court’s maximum strength can be 31 judges (one Chief Justice and 30 other judges). In the present scenario there are just 27 judges (including Chief Justice) working in the Supreme Court. 

It was decided in the three judges case that a consultation of the plurality of judges is required for appointment of the CJI in India. This means that the only opinion of the CJI would not be the only factor in choosing the next CJI. The CJI must consult the four most senior judges of the Supreme Court also. This time however again the senior most judge of the SC has been chosen as the next CJI by the retiring Chief Justice Officer.  

Know all about the collegium system by clicking on this link