After a series of resignations and subsequent new appointments across the government ministry or constitutional bench, the post of next Chief Justice of India has now entered the roll.
Justice Khehar recommends his successor’s name
According to a senior functionary privy to the development said that the incumbent JS Khehar has named Justice Dipak Misra as his successor.
Protocol of appointing CJI
As per the protocol, a group of law ministers have sought recommendation from incumbent CJI to provide recommendations for a potential successor.
The CJI recently recommended the name of Misra in reply to the law ministers.
How does CJI get appointed?
Pursuant to Article 124 of the Constitution of India, a proper manner of choosing the CJI has been provided for the manner of appointing judges to the Supreme Court.
The process is more conventional than constitutional. According to the Constitution, there is no specific process of appointing the CJI. However, conventionally, CJI recommends the name of the senior-most judge (i.e. by date of appointment to the Supreme Court) for appointment by the President of India, as his successor.
Important Dates
Justice Dipak Mishra will reign as CJI seat after Justice Khehar retires on August 27.
The term of Justice Misra will end on October 2, 2018.
The memorandum of procedure, a document which guides appointment, transfer and elevation of judges of the Supreme Court and the 24 high courts, states that appointment to the office of the Chief Justice of India should be of the senior most judge of the Supreme Court considered fit to hold the office.
Aged 63, Justice Dipak Mishra is the senior-most judge of the Supreme Court after Justice Khehar.
