The Chief Justice of India (CJI) holds the highest judicial position in the Indian judiciary. As the head of the Supreme Court of India, the CJI plays a pivotal role in ensuring justice, interpreting the Constitution, and safeguarding the rule of law. This article delves into the identity, roles, responsibilities, appointment procedure, and powers of the Chief Justice of India.
Who is the Chief Justice of India (CJI)?
The Chief Justice of India is the senior-most judge of the Supreme Court of India, appointed to lead the judiciary of the country. The CJI not only presides over the Supreme Court’s hearings but also has significant administrative responsibilities related to the functioning of the judiciary.
Currently, the CJI is appointed based on seniority and serves until the age of 65, or until retirement.
Roles and responsibilities of the Chief Justice of India
- Presiding over Supreme Court hearings.
- Allocating cases to various benches of the Supreme Court.
- Supervising the administrative functions of the Supreme Court.
- Acting as the head of the Indian judiciary.
- Advising the President of India on judicial appointments.
- Overseeing the functioning of subordinate courts across India.
- Representing the judiciary in various constitutional and governmental functions.
Appointment procedure for the Chief Justice of India
The appointment of the CJI follows a well-defined procedure aimed at maintaining judicial independence and transparency:
- Traditionally, the senior-most judge of the Supreme Court is appointed as the Chief Justice.
- The President of India formally appoints the Chief Justice.
- Consultation takes place with other judges of the Supreme Court.
- The appointment is based on merit, seniority, and experience.
- The CJI holds office until the age of 65 or until resignation or removal.
Powers of the Chief Justice of India (CJI)
- Judicial powers: Presiding over cases of constitutional importance.
- Administrative powers: Assigning cases to benches and managing the court’s roster.
- Appointment powers: Recommending appointments and transfers of judges in the High Courts and Supreme Court.
- Advisory powers: Advising the President on the appointment of key judicial officers.
- Supervisory powers: Overseeing the functioning of subordinate courts.
Chief Justice and constitutional provisions
The Chief Justice of India’s position and functions are enshrined in various constitutional articles:
- Article 124: Establishment and constitution of the Supreme Court.
- Article 125: Salaries, allowances, and privileges of Supreme Court judges.
- Article 126: Appointment of acting Chief Justice.
- Article 127: Appointment of ad hoc judges.
- Article 128: Attendance of retired judges at Supreme Court sittings.
- Article 142: Enforcement of decrees and orders of Supreme Court.
Difference between Chief Justice and Judge of Supreme Court
| Feature | Chief Justice of India (CJI) | Judge of Supreme Court |
|---|---|---|
| Position | Head of the Supreme Court and judiciary | Member of the Supreme Court bench |
| Appointment | Appointed by the President based on seniority | Appointed by the President on CJI's recommendation |
| Administrative role | Holds administrative authority over the Supreme Court | Limited administrative role |
| Case allocation | Assigns cases to benches | Hears cases assigned to them |
| Tenure | Until age 65 | Until age 65 |
| Constitutional role | Advises the President on judicial appointments | No advisory role |
Conclusion
The Chief Justice of India plays a crucial role in maintaining the balance and integrity of the Indian judiciary. With significant judicial and administrative powers, the CJI ensures the smooth functioning of the Supreme Court and the wider judicial system. Understanding the appointment, roles, and constitutional basis of the Chief Justice helps appreciate the strength and independence of India’s judiciary.
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