Who Appoints the Chief Justice of the Supreme Court

The Chief Justice of India (CJI) is the head of the Indian judiciary and the Supreme Court of India. The office of the Chief Justice is one of the most powerful and respected positions in the country. It symbolises the independence of the judiciary, the guardian of the Constitution, and the protector of citizens’ rights.

The process of appointing the Chief Justice is rooted in the Constitution of India, supported by convention, and influenced by judicial precedents. Understanding this process helps in knowing how the Indian judiciary maintains its independence and stability.

Constitutional Basis of Appointment of Chief Justice of SC

The appointment of judges to the Supreme Court, including the Chief Justice, is governed by Article 124 of the Constitution of India.

Article 124(2) states:

“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.”

This means that the President of India formally appoints the Chief Justice. However, this is not done independently. The appointment follows a specific process based on consultation and convention.

Who Actually Appoints the Chief Justice of India?

Formally, the President of India appoints the Chief Justice of India under Article 124(2).

But in practice, the President acts on the recommendation of the outgoing Chief Justice of India and in consultation with other senior judges of the Supreme Court.

The Ministry of Law and Justice initiates the process of appointment when the current Chief Justice is about to retire. The outgoing Chief Justice recommends the name of the senior-most judge of the Supreme Court as the successor.

The Law Ministry then processes the file and sends it to the Prime Minister, who advises the President to issue the warrant of appointment.

Thus, the appointment of the Chief Justice of India is a result of a constitutional procedure involving:

1. The outgoing Chief Justice (recommendation),
2. The Law Ministry (processing),
3. The Prime Minister (advice), and
4. The President of India (formal appointment).

Convention of Seniority

In India, the appointment of the Chief Justice is generally guided by the principle of seniority.

According to convention, the senior-most judge of the Supreme Court is appointed as the Chief Justice of India.

This convention is followed to maintain the impartiality and integrity of the judiciary. Seniority is decided based on:

• The date of appointment as a judge of the Supreme Court, and
• In case of two judges appointed on the same date, the seniority in age is considered.

However, there have been rare exceptions where the convention was not followed.

Exceptions to Seniority Rule

1. Justice A. N. Ray (1973): Appointed Chief Justice by superseding three senior judges — Justices Shelat, Hegde, and Grover.
2. Justice M. H. Beg (1977): Appointed Chief Justice by superseding Justice H. R. Khanna.

Both instances were criticised by the legal community for violating judicial independence. Since then, the seniority convention has been respected to avoid any controversy.

Procedure Followed by the Government for Appointment of Chief Justice of India

The process of appointing the Chief Justice begins a few weeks before the retirement of the sitting CJI. The procedure is well-defined and usually follows these steps:

1. Initiation by Law Ministry: The Ministry of Law and Justice writes to the outgoing Chief Justice about one month before the scheduled retirement, seeking a recommendation for the next Chief Justice.
   
2. Recommendation by Outgoing CJI: The outgoing Chief Justice recommends the name of the senior-most judge of the Supreme Court considered suitable for appointment as the new CJI.
   
3. Processing by the Government: The Law Ministry processes the recommendation and seeks approval from the Prime Minister.
   
4. Approval by the Prime Minister: The Prime Minister advises the President of India to appoint the recommended judge as the Chief Justice.
   
5. Appointment by the President: The President of India, under Article 124(2), issues the warrant of appointment and the oath of office is administered to the new Chief Justice by the President at the Rashtrapati Bhavan.

This system ensures continuity in judicial leadership and protects the judiciary from external interference.

Qualifications for Appointment of Chief Justice of Supreme Court of India

The qualifications to become a Judge of the Supreme Court, and thereby the Chief Justice, are mentioned in Article 124(3) of the Constitution.

A person is qualified to be appointed as a judge of the Supreme Court if:

• They are a citizen of India; and
• Have been a Judge of a High Court (or of two or more High Courts in succession) for at least five years; or
• Have been an Advocate of a High Court (or of two or more High Courts in succession) for at least ten years; or
• Are, in the opinion of the President of India, a distinguished jurist.

This ensures that only individuals with high legal standing, professional experience, and integrity reach the highest judicial position.

Role of the Collegium System

Although Article 124 mentions “consultation,” it does not specify the manner or the extent of consultation. This led to judicial interpretation through landmark cases known as the Three Judges Cases.

The Three Judges Cases

1. S. P. Gupta v. Union of India (1981) – also known as the First Judges Case, held that the President was not bound by the advice of the Chief Justice.
2. Supreme Court Advocates-on-Record Association v. Union of India (1993) – the Second Judges Case, established the Collegium System, giving primacy to the judiciary in judicial appointments.
3. Re Presidential Reference (1998) – the Third Judges Case, clarified that the Collegium consists of the Chief Justice of India and the four senior-most judges of the Supreme Court.

Under this system, the appointment of the Chief Justice remains based on seniority, but the Collegium collectively ensures that the process remains transparent and free from political influence.

Tenure and Age of Retirement

The Constitution does not fix a specific tenure for the Chief Justice of India.

According to Article 124(2), every judge of the Supreme Court, including the Chief Justice, holds office until the age of 65 years.

The term therefore depends on the age at which a judge is elevated as the Chief Justice.

For instance, Chief Justice D. Y. Chandrachud, appointed in November 2022, had a tenure of around two years, whereas Chief Justice B. R. Gavai, appointed in May 2025, has a shorter term of about six months before retirement.

Oath and Duties of the Chief Justice

After appointment, the Chief Justice takes an oath of office before the President of India. The oath signifies faithfulness to the Constitution and impartial discharge of duties.

As the head of the judiciary, the Chief Justice performs several constitutional and administrative functions:

• Allocation of cases and formation of benches in the Supreme Court.
• Acting as the Master of the Roster, deciding which judge hears which case.
• Heading the Collegium for appointments and transfers of judges.
• Supervising judicial administration and case management.
• Acting as ex-officio Chancellor of premier law universities like NLSIU Bengaluru and WBNUJS Kolkata.

The Chief Justice also plays a role in advising the President under Article 143, when the President seeks the opinion of the Supreme Court on important constitutional matters.

Removal of the Chief Justice

The process of removing a Chief Justice is the same as that for any other Supreme Court judge and is detailed under Article 124(4) of the Constitution.

A Chief Justice can be removed only on the grounds of proved misbehaviour or incapacity. The procedure is as follows:

1. An address is initiated in either House of Parliament.
2. The motion must be supported by a majority of the total membership of that House and by two-thirds of members present and voting.
3. The motion is then sent to the other House and must be passed in the same manner.
4. Once both Houses pass the motion, the President issues the order of removal.

This strict procedure ensures the judiciary remains independent and insulated from political pressures.

Acting President Role

According to the President (Discharge of Functions) Act, 1969, the Chief Justice of India performs the duties of the President of India if the offices of both the President and the Vice President fall vacant.

A historical example is Justice Mohammad Hidayatullah, who served as the Acting President of India in 1969 after the death of President Zakir Hussain and the resignation of Vice President V. V. Giri.

Remuneration and Service Conditions

The salary, allowances, and conditions of service of the Chief Justice are determined by the Parliament under the Supreme Court Judges (Salaries and Conditions of Service) Act, 1958.

The salary has been revised periodically:

• After the Sixth Central Pay Commission, the Chief Justice’s salary was raised to ₹1,00,000 per month.
• Following the Seventh Pay Commission (2016), it was revised to ₹2,80,000 per month.

In addition to salary, the Chief Justice is entitled to official residence, staff, medical facilities, pension, and other benefits.

Conclusion

The appointment of the Chief Justice of India represents the harmony between the executive and the judiciary. While the President of India formally appoints the Chief Justice, the process is guided by constitutional principles, judicial conventions, and the collegium system.

This system ensures that the office of the Chief Justice remains independent, credible, and respected. The convention of appointing the senior-most judge has maintained the judiciary’s integrity for decades and continues to reinforce the democratic spirit of India’s Constitution.