Justice Sanjiv Khanna to be next CJI: how is the top judge of the SC appointed?

• The Centre on October 24 appointed Justice Sanjiv Khanna as the next Chief Justice of India (CJI), formally approving the recommendation made by CJI D Y Chandrachud a week ago.

Highlights:

• On October 24, the Centre appointed Justice Sanjiv Khanna as the next Chief Justice of India. Justice Khanna, the seniormost judge in the Supreme Court (SC), will take over on November 11, succeeding CJI D Y Chandrachud, who retires on November 10. Justice Khanna’s term will last until May 13, 2025.

Significance of Tenure:

• CJI Chandrachud’s two-year tenure is one of the longest recent terms, ending as Justice Khanna assumes office.

Process of Appointing the Chief Justice of India

Conventional Practice:

• Typically, the seniormost SC judge becomes the CJI, as stipulated in the ‘Memorandum of Procedure for the appointment of Supreme Court Judges’ (MoP), established in 1999.

Basis of Appointment:

• The MoP mandates that the seniormost judge deemed fit should be appointed as the CJI. Historically, the senior judge following the incumbent CJI has been promoted to the top post.

Initiating the Process:

• The Union Law Minister initiates the appointment process about a month before the current CJI's retirement by seeking a recommendation from the outgoing CJI. CJI Chandrachud sent his recommendation for Justice Khanna on October 17.

Government’s Role in Approval:

• Upon receiving the CJI’s recommendation, the Union Minister of Law forwards it to the Prime Minister, who advises the President. While the Centre holds the final approval power, it generally adheres to the outgoing CJI’s recommendation.

Deviations from Seniority-Based Appointments

Historical Exceptions:

• The convention of appointing the seniormost judge as CJI has not always been followed. Notably, in 1973, PM Indira Gandhi appointed Justice A N Ray as CJI over three more senior judges after the landmark Kesavananda Bharati case. In 1977, Justice M H Beg was appointed over Justice H R Khanna, who had notably dissented in a case during the national Emergency.

Establishment of the Memorandum of Procedure (MoP):

Supreme Court Collegium:

• The Collegium system for appointing High Court and Supreme Court judges was established following the SC’s rulings in the First (1981), Second (1993), and Third (1998) Judges Cases. It consists of the seniormost SC judges, whose recommendations the government is usually expected to accept.

Role of the MoP:

• Created in 1999, the MoP outlines the appointment procedures and the roles of the Centre, the SC, and the High Courts. Although not constitutionally mandated, the Collegium system serves as the current standard for judicial appointments.

Attempt to Modify with NJAC:

• In 2015, the SC struck down an amendment that sought to establish the National Judicial Appointments Commission (NJAC), which would have increased the Centre’s influence in appointments. The MoP was subsequently renegotiated in 2016, though the government stated it was still under finalization as of last year.

Prelims Takeaways

• National Judicial Appointments Commission (NJAC)