53rd Chief Justice of India

Why in the News?

• Justice Surya Kant, the second senior-most Supreme Court judge, set to become the 53^rd Chief Justice of India on 24^th November, 2025.
• The current CJI Bhushan Ramkrishna Gavai will retire on November 23, 2025.
• Justice Surya Kant will have tenure of nearly 15 months as the Chief Justice of India.
• He is due to retire on February 9, 2027.

About Justice Surya Kant and His Contribution to Indian Judiciary:

• Justice Surya Kant was born on February 10, 1962, in a middle-class family in Hisar district, Haryana. He was elevated to the Supreme Court on May 24, 2019.
• He brings to India’s highest judicial office over two decades of experience on the bench. His judicial career is marked by landmark rulings on Article 370, free speech, democracy, corruption, environment, and gender equality.
• Justice Surya Kant was part of the bench that suspended the colonial-era sedition law, directing that no new FIRs be filed under it until government review.
• He also promoted transparency in the election process by asking the Election Commission to reveal details of 65 lakh names removed from Bihar’s draft electoral rolls during the Special Intensive Revision (SIR).
• Further, he ensured gender justice by directing that one-third of seats in all bar associations, including the Supreme Court Bar Association, be reserved for women.
• Justice Surya Kant upheld the One Rank One Pension (OROP) scheme, declaring it constitutionally valid. He continues to hear petitions from women officers in the armed forces demanding equal opportunity and permanent commission.
• He was also part of the seven-judge bench that overruled the 1967 Aligarh Muslim University judgment, paving the way for reconsideration of the university’s minority status.
• In the Pegasus spyware case, he was among the judges who formed a panel of cyber experts to investigate alleged surveillance. He firmly stated that the state cannot claim a “free pass” under the guise of national security.
• Moreover, he was part of the bench that appointed a committee headed by Justice Indu Malhotra to probe the security breach during Prime Minister Narendra Modi’s 2022 Punjab visit, stressing that such sensitive issues required “a judicially trained mind.”
• Through these decisions, Justice Surya Kant has upheld transparency, equality, and constitutional integrity, strengthening public trust in the judiciary.

Appointment Procedure of the Chief Justice of India:

• The President appoints the Chief Justice of India under Article 124(2) of the Constitution.
• According to the memorandum of procedure, a set of documents, which guide the appointment, transfer and elevation of Supreme Court and high court judges, states that appointment to the office of the Chief Justice of India should be the senior-most judge of the Supreme Court considered fit to hold the office.
• The Union Law minister would, “at the appropriate time”, seek the recommendation of the outgoing Chief Justice of India for the appointment of his successor.
• Conventionally, the letter is sent a month before the retirement of the incumbent Chief Justice of India.
• The outgoing Chief Justice of India recommends their successor based on seniority.
• The Union Law Minister forwards the recommendation to the Prime Minister, who then advises the President.
• As per the Second Judges Case (1993), the senior-most Supreme Court judge is appointed as the Chief Justice of India.

Qualifications to become the Chief Justice of India:

• A person is eligible to be appointed as Chief Justice of India if he:
  • is a citizen of India.
  • Has served as a Judge of a High Court for at least five years.
  • Has been an advocate in a High Court for at least ten years.
  • is considered a distinguished jurist by the President of India.

Role and Powers of the Chief Justice of India:

The Chief Justice of India (CJI) is the head of the Indian judiciary and the highest authority in the Supreme Court. As the administrative and judicial leader of the nation’s judicial system, the Chief Justice of India plays a pivotal role in upholding the Constitution, the rule of law, and judicial independence.

• Judicial Role:
  • The Chief Justice of India is the head of the Supreme Court, which is the final court of appeal in India.
  • They preside over benches, especially Constitution Benches, which deal with significant constitutional matters.
  • The Chief Justice of India’s opinion carries great weight in the interpretation of laws and constitutional provisions.

• Administrative Powers:
  • The Chief Justice of India is responsible for allocating cases and constituting benches of the Supreme Court.
  • They assign cases to judges and decide the composition of benches for hearing important cases.
  • The Chief Justice of India also exercises administrative control over the Supreme Court registry and staff.
• Role in Judicial Appointments and Transfers:
  • As the head of the Collegium System, the Chief Justice of India plays a crucial role in the appointment, elevation, and transfer of judges to the Supreme Court and High Courts.
  • The Collegium, headed by the Chief Justice of India, recommends names to the President for judicial appointments.

• Advisory Role:
  • The President may seek the advice of the Supreme Court under Article 143 of the Constitution.
  • In such cases, the Chief Justice of India constitutes a bench to examine and provide the Court’s opinion.
• Administrative Head of the Judiciary:
  • The Chief Justice of India oversees the functioning of the entire judiciary of the country.
  • They supervise the judicial administration of High Courts through the National Judicial Academy and other mechanisms.

• Role in Appointment of Key Constitutional Authorities:
  • The Chief Justice of India is a member of important committees such as:
    • The Collegium for judicial appointments
    • The Selection Committee for the appointment of the Chief Election Commissioner and Election Commissioners
    • The Committee for appointment of the Lokpal
• Oath Administration:
  • The Chief Justice of India administers the oath of office to the President of India and other constitutional functionaries as specified.
• Miscellaneous Powers:
  • The Chief Justice of India decides on vacation benches during court holidays.
  • They can initiate contempt proceedings in matters affecting the dignity of the court.
  • They also play a leadership role in promoting judicial reforms and access to justice.

Removal of Chief Justice of India or other Judges:

• The President of India can remove a Supreme Court judge, including the Chief Justice of India, after an address by Parliament supported by a special majority.
• Grounds for removal (Article 124(4)):
  • Proven misbehavior
  • Incapacity.

What is the Collegium System?

• The Collegium system is a system for the appointment and transfer of judges in the Supreme Court and High Court.
• It is not rooted in the Constitution. Instead, it has evolved through judgments of the Supreme Court.
• Under the system, the Chief Justice of India (CJI), along with four senior most Supreme Court judges, recommends the appointment and transfer of judges.
• A High Court Collegium, meanwhile, is led by the incumbent Chief Justice and the two senior most judges of that court.
• The government can also raise objections and seek clarifications regarding the Collegium’s choices, but if the Collegium reiterates the same names, the government is bound to appoint them to the post.

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Constitutional Provisions related to Judicial Appointments:

• Article 124 – Supreme Court judges should be appointed by the President after consultation with such judges of the High Courts and the Supreme Court as the President may deem necessary. The CJI is to be consulted in all appointments except his or her own.
• Article 217 – High Court judges should be appointed by the President after consultation with the CJI and the Governor of the state. The Chief Justice of the High Court concerned too should be consulted.

Genesis of the Collegium System:

• S.P. Gupta vs. Union of India (1981) – The First Judges Case:
  • In this case, the Supreme Court held that the term “consultation” in Article 124 and Article 217 of the Constitution does not mean concurrence.
  • It clarified that the executive had primacy in the appointment of judges, and the Chief Justice of India’s (CJI) opinion was merely consultative and not binding on the President.

• Supreme Court Advocates-on-Record Association vs Union of India (1993) – The Second Judges Case:
  • This judgment overruled the First Judges Case and gave birth to the Collegium System.
  • The Supreme Court interpreted “consultation” to mean concurrence, thereby giving primacy to the judiciary in appointments.
  • It was held that the CJI’s advice would be binding on the President, and that the CJI must consult two senior-most judges of the Supreme Court before making any recommendation.

• In re Special Reference – The Third Judges Case (1998):
  • In response to a Presidential Reference, the Supreme Court expanded the Collegium’s composition.
  • It ruled that the CJI must consult a collegium of the four senior-most judges of the Supreme Court while making recommendations for judicial appointments and transfers.
  • Moreover, if two judges express dissent, the recommendation should not be sent to the government, thereby reinforcing the principle of collective decision-making.

• National Judicial Appointments Commission (NJAC) Act, 2014:
  • The Parliament enacted the NJAC Act, 2014 to replace the Collegium System with a body comprising members from the judiciary, executive, and civil society.
  • However, in 2015, a five-judge Constitution Bench of the Supreme Court struck down the NJAC as unconstitutional, declaring that it violated the principle of judicial independence, which is part of the basic structure of the Constitution.

Criticism of the Collegium System:

• Lack of Transparency: The collegium system has often been criticized for its opacity. The rationale behind its decisions is not made public, raising concerns about accountability and fairness.
• Persistent Judicial Vacancies: Despite its mandate, the collegium has not been able to effectively address the issue of judicial vacancies. 
• Allegations of Nepotism and Favouritism: The system has faced repeated allegations of nepotism and favouritism in judicial appointments. The Law Commission (2009) also highlighted that elements of nepotism and political privilege were prevalent within the functioning of the collegium.
• Violation of Checks and Balances: By excluding the executive completely from the process of judicial appointments, the collegium system undermines the principle of checks and balances, a cornerstone of democratic governance. This complete judicial monopoly over appointments can lead to a lack of institutional accountability.
• Inadequate Representation of Women: The collegium system has failed to ensure adequate gender representation within the higher judiciary. As of 2025, only 11 women have served as judges in the Supreme Court in India. After the retirement of Bela M. Trivedi, B.V. Nagarathna is the lone female judge in the Supreme Court of India.
• Opaque Transfer Process: The process of transferring judges remains equally non-transparent. Neither the Supreme Court nor the government publicly states the reasons behind such transfers, raising concerns about possible misuse and threats to judicial independence.

Sources:

1. https://www.thehindu.com/news/national/cji-gavai-recommends-appointment-of-justice-surya-kant-as-next-cji/article70207298.ece
2. https://www.ndtv.com/india-news/all-about-justice-surya-kant-set-to-take-over-as-countrys-top-judge-br-gavai-9522981

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