Appointment of the Chief Justice of India (CJI)
Context:
The incumbent Chief Justice of India (CJI), B.R. Gavai, has recommended Justice Surya Kant, the senior-most judge of the Supreme Court, as his successor to office.
Justice Kant is set to become the 53rd Chief Justice of India.
Eligibility Criteria and Appointment Procedure
The appointment of the CJI is based on seniority.
The post should go to the senior-most Judge of the Supreme Court considered fit to hold the office
In the rare case there is an issue regarding the fitness of the senior-most judge, the outgoing CJI is required to consult other Judges of the Supreme Court, as envisaged in Article 124(2) of the Constitution
Governing Mechanism (Memorandum of Procedure)
While Article 124(2) of the Constitution is mentioned regarding consultations on fitness,the detailed step-by-step process for appointing the CJI is not laid out in the Constitution itself.
Memorandum of Procedure (MoP):
The appointment is governed by the Memorandum of Procedure (MoP)
Process outlined in the MoP:
The Union Law Minister initiates the process at the appropriate time(at least one month before the incumbent's retirement) by seeking the recommendation of the outgoing CJI.
The outgoing CJI sends the recommendation
The Union Minister of Law and Justice submits this recommendation to the Prime Minister
The Prime Minister then advises the President on the appointment.