#WhatTheFAQ: 50th Chief Justice of India, DY Chandrachud, has taken office! How was he appointed?

Justice Dhananjaya Yashwant Chandrachud has sworn in as the new and 50th Chief Justice of India (CJI) from today, November 9. He is already a popular face with a slew of significant judgments in his career and citizens are eager to see what else the Harvard Law School graduate brings to the table in his new role. 

Today, after his appointment, CJI Chandrachud will share a bench with Justices Hima Kohli and JB Pardiwala, to hear a case concerning the All India Football Federation (AIFF). But, did you know? Unlike other government appointments, the CJI is appointed via a fairly simple process. Let’s look at the how’s and what’s.

How is a CJI appointed?
Interestingly, the Constitution of India does not mention any procedure for appointing the CJI. Article 124 of the Constitution just mentions that there shall be a Supreme Court and there shall be a Chief Justice of India. It also mentions that every judge of the Supreme Court must be appointed by the President. So, though a CJI is appointed by the President, a law on the process is absent. As such, a convention is followed for the appointment of CJIs.

What is the convention?
The convention is simple: the outgoing CJI recommends the next one. This year, last CJI UU Lalit recommended Justice Chandrachud. The recommendation is based on seniority. And in the SC, seniority does not mean age, but is calculated by the number of years a judge has been serving in the apex court. The Central government has absolutely no role to play in the appointment. Only the Union Minister of Law is involved and his role is limited to asking the incumbent CJI for his recommendation of the next and then sending it to the President.

Who can become the CJI?
Apart from being an Indian citizen, the CJI must qualify any of the following three factors:

1. He must have served as the Judge of a High Court or of two or more such Courts in succession for at least five years

2. He must be an advocate of a High Court or of two or more such Courts in succession for at least ten years

3. He must be, in the opinion of the President, a distinguished jurist

How long is a CJI’s tenure?
This is noteworthy as well. A CJI does not have a fixed tenure! Justice UU Lalit had a tenure of only 74 days, while Justice Chandrachud is going to have the longest tenure now. This happens because it is mandated by the Constitution that the CJI can serve until he attains 65 years. However, for the High Court judges, the age of retirement is 62 years. By the way, CJI Chandrachud is set to retire on November 10, 2024. He is the 16th youngest CJI.

Can a CJI be removed before his tenure?
Yes, but only under certain conditions. And these apply to all the judges of the SC. The fourth clause of Article 124 states, “A Judge of the Supreme Court shall not be removed from his office except by an order of the President passed after an address by each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting has been presented to the President in the same session for such removal on the ground of proved misbehaviour or incapacity.”