Appointment of Chief Justice of India
Who appoints the Chief Justice of India?
Answers
Article 124 of the Constitution of India provides for the manner of appointing judges to the Supreme Court. Though no specific provision exists in the Constitution for appointing the Chief Justice, who, as a result, is appointed like the other judges[6]conventionally, the outgoing 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.[7][8]
However, this convention has been breached on a few occasions, when during the tenure of prime minister Indira Gandhi, she got Justice A.N. Ray appointed as CJI, superseding three judges senior to him allegedly because he had favoured her government, and when Justice H. R. Khanna was overlooked for the post for upholding the constitution as superior to her government's acts and for curtailing her powers which she had arrogated to herself during the Emergency, a time when her government was becoming increasingly mired in a political and constitutional crisis.[9] The Oath of Office is presided by the President.