Supreme Court gets it’s 47th CJI - Sharad Arvind Bobde

Supreme Court gets it’s 47th CJI - Sharad Arvind Bobde

Sharad Arvind Bobde has replaced 46^th Chief Justice of India - Ranjan Gogoi, who retires on 17^th Nov, 2019 to become 47^th Chief Justice of India.

The OATH ceremony of 47^th Chief Justice of India - Sharad Arvind Bobde was held on 18^th Nov, 2019 and he will hold office till 23^rd April, 2021.

Note: The 1^st Chief Justice of India was Harilal Jekisundas Kania, appointed in 1950 when Supreme Court was formed.

Office of Chief Justice of India

1) Office of Chief Justice of India is the HIGHEST office of Indian judiciary.

2) CJI is the head of Supreme Court, which is the highest judicial court of India.

3) CJI ensures SC carries out work as per Constitution.

4) Allocation of cases, formation of benches, maintains roaster.

Appointment of Chief Justice of India

There is no clear cut mention in the constitution of India as to how a Chief Justice of India has to be appointed. Thus, appointment of CJI is done based on conventions followed.

1) According to Article 124 (2) of Indian Constitution:

• The Chief Justice of India and other judges of Supreme Court are appointed by the President with warrant and seal under his hand.

2) As per convention, the senior-most judge of Supreme Court is appointed as the Chief Justice of India (CJI).

• This convention was broken twice in Indian history:

i) 1973: Justice AN Ray was appointed as CJI superseding 3 senior judges.

ii) 1975: Justice MH Beg was appointed as CJI superseding Justice HR Khuranna.

3) As per MEMORANDUM issued by Department of Justice under Law Ministry for the Appointment of Chief Justice of India:

a) The Chief Justice of India to be appointed has to be senior-most judge of the Supreme Court who is considered to fit to hold the office.

b) If there is a doubt regarding the fitness of the candidate (i.e senior-most judge), other judges of Supreme Court are consulted as to who should be next Chief Justice of India.

c) The incumbent (existing) CJI writes a letter to the Ministry of Law and Justice, suggesting the name of his successor.

d) Once Law Ministry receives recommendations from incumbent (existing) CJI about his successor (next CJI), the Law Ministry forwards the recommendations to the Prime Minster.

e) Prime Minister advises President in the matter of appointment of next CJI.

f) President issues a Warrant and Seal and appoints next Chief Justice of India

(reference from Department of Justice: https://doj.gov.in/sites/default/files/memosc.pdf)  

Landmark Judgements given by Ranjan Gogoi as 46^th Chief Justice of India

Ranjan Gogoi was appointed as 46^th Chief Justice of India on 3^rd Oct, 2018 and he succeeded 45^th CJI Deepak Mishra. 

Gogoi is retired on 17^th Nov, 2019 as he attained 65 years of age (retirement age of Supreme Court judge).

The outgoing Chief Justice of India (46^th CJI) – Ranjan Gogoi gave few Landmark Judgements during his tenure which are as follows:

i) Assam’s National Register of Citizens

ii) Ayodhya Ram JanmaBhumi – Babri Masjid Land Title Dispute

• After 40 days hearing, in the final verdict the land was allotted to Ram Lalla and Sunni Waqf board was given 5 acres of alternate land in Ayodhya.

iii) Does CJI office come under the purview of RTI?

• Yes, as the office of Chief Justice of India is a public authority, thus it comes under the purview of RTI.

iv) Sabrimala judgement review petition forwarded to a larger 7-judges bench

• In the previous judgement of Supreme Court in 2018, the Supreme Court allowed the entry of women of all ages in the Sabrimala Temple in Kerala as it violated Fundamental Rights – Right to Equality and Right to Worship.

v) Rafale review petitions have been dismissed.

Further Readings:

• Ayodhya Land Title dispute verdict of Supreme Court
• National Register of Citizens
• Sabrimala verdict - Why women entry is prohibited in Sabrimala?