CHIEF JUSTICE OF INDIA

The Chief Justice of India (CJI) is the highest-ranking judicial officer and the head of the judiciary in India. The office of the Chief Justice holds immense significance in the country’s legal and constitutional framework.

Appointment and Eligibility:

1. Appointment Process:
   • The Chief Justice of India is appointed by the President of India. The appointment is made based on the recommendation of the outgoing CJI or the senior-most judge of the Supreme Court if the CJI is unavailable.
2. Eligibility Criteria:
   • The eligibility criteria for appointment as the CJI are the same as those for other judges of the Supreme Court. The individual must be a citizen of India and should have served as a judge of a high court or two or more such courts in succession for at least five years or should have been an advocate in such courts for at least ten years. Alternatively, they can be a distinguished jurist in the opinion of the President.

Tenure:

1. Term of Office:
   • The Chief Justice of India holds office until the age of 65. However, they may choose to resign earlier if they wish.
2. Succession:
   • The senior-most judge of the Supreme Court is usually appointed as the CJI, assuming they meet the eligibility criteria.

Roles and Responsibilities:

1. Administrative Head:
   • The Chief Justice is the administrative head of the Supreme Court and is responsible for managing the court’s affairs, including the roster of cases, assignment of work to other judges, and overall court administration.
2. Judicial Functions:
   • The CJI presides over the meetings of the collegium, a group of senior judges, for the appointment and transfer of judges in the Supreme Court and high courts.
3. Constitutional Duties:
   • The CJI plays a pivotal role in the constitutional process. For instance, if the President seeks the advice of the Supreme Court on a matter of public importance, it is the CJI who leads the consultation process.
4. Advisory Jurisdiction:
   • The CJI provides advice to the President on appointments to constitutional posts, including the appointment of judges, the Attorney General, and the Comptroller and Auditor General.
5. Public Interest Litigation (PIL):
   • The CJI often leads the bench in important public interest litigation cases, shaping legal precedents and influencing policy matters.

Judicial Independence and Integrity:

1. Judicial Independence:
   • The CJI is expected to uphold judicial independence and ensure that the judiciary remains free from external influences.
2. Code of Conduct:
   • The Chief Justice, like other judges, adheres to a code of conduct that emphasizes impartiality, integrity, and the highest standards of ethics.

Challenges and Controversies:

1. Collegium System Controversies:
   • The collegium system for the appointment of judges, headed by the CJI, has been a subject of debate and controversy. Critics have called for reforms to make the process more transparent and accountable.
2. Public Interest Litigation:
   • Decisions made by the CJI, especially in matters of public interest litigation, may attract criticism or controversy based on differing opinions on legal and policy issues.

Recent Developments:

1. Reform Proposals:
   • There have been ongoing discussions on the need for reforms in the appointment process of judges, and proposals like the National Judicial Appointments Commission (NJAC) have been considered.
2. Role in High-Profile Cases:
   • The CJI often leads benches in crucial cases, addressing issues such as constitutional validity, fundamental rights, and social justice.