BEWARE OF FAKE INSTITUTES WITH SIMILAR NAMES. blank    blank

Chief Justice of India Sharad Arvind Bobde

  Jun 23, 2020

Chief Justice of India Sharad Arvind Bobde

Justice. Sharad Arvind Bobde was appointed by the President of India as the Chief Justice of India under Art.124. 

What does Art.124 say?

Article 124(2) in The Constitution Of India 1950

(2) Every Judge of the Supreme Court shall be appointed by the President by warrant under his hand and seal after consultation with such of the Judges of the Supreme Court and of the High Courts in the States as the President may deem necessary for the purpose and shall hold office until he attains the age of sixty-five years: Provided that in the case of appointment of a Judge other than the Chief Justice, the Chief Justice of India shall always be consulted.

Is appointment based on seniority or merit?

Seniority

Does the Constitution mention so?

No. It is a convention.

Is there any judicial ruling in this regard?

Yes.

In the Supreme Court Advocates on Record Association v. Union of India 1993 popularly known as Second Judges Case, the Supreme Court gave the convention legal force so as to protect judicial independence. 

Has seniority always been followed?

Since 1993, yes. But before 1993, it was violated twice:

Doesn’t the outgoing CJI have a say?

There is a convention of   the outgoing CJI recommending the name of his next senior-most judge in the Supreme Court as his successor. It fulfills the function envisaged under the term ‘consultation’ in the Constitution.

Is there a difference between ‘Chief Justice of the Supreme Court of India’ and ‘Chief Justice of India’?

Both refer to an identical Constitutional post. But the terms are different for no official reason. In Schedule 3, which deals with ‘Forms of Oath and Affirmations’, the Chief Justice takes oath as the ‘Chief Justice of the Supreme Court of India’. But under Article 124 of the Constitution, the President’s Warrant of Appointment identifies him as the ‘Chief Justice of India’.  

What is the term of CJI Bobde?

He is the 47th CJI and will hold office till April 23, 2021. 

Is the CJI first among equals or superior to the brother judges?