25 Mar Appointment of Chief Justice of India
(GS PAPER 2, Judiciary
Source- Livemint)
Context
Recently Chief Justice of India has written a letter to Ministry of law and Justice and recommended the name of NV Ramana as his successor
current structure of Supreme Court
- It is the Apex body of law
- At present there are 29 Judges in the Supreme Court.
Constitutional provision
- article 124(1) mention that there should be a Supreme Court in India which constitutes one chief justice
- the Chief Justice of India is appointed by the president of India
- other judges are appointed with the consultation of Chief Justice of India and its consultation is obligatory
Selection process of CJI
- it started with Memorandum of procedure between Government and judiciary
- Memorandum of procedure is initiated by law minister which ask the Recommendation of outgoing CJI regarding the new appointment of CJI
- CJI sends its recommendation to the ministry of law
- after the recommendation Law Ministrysend the proposal to the Prime Minister of India and then Prime Minister convey the advice of CJI, Law Ministry and council of minister to the president of India
- then president appoints the new CJI to the supreme court
what is collegium system
- there is no mention of collegium system in Indian Constitution
- it was born through three judges cases
- it is used for the appointment and transfer of judges
National judicial appointment Commission
- it was brought by 99th Amendment Act 2014
- It was shutdown in 2015, and the reason given is is that it hampering the basic structure of Indian Constitution
- it was brought to replace the collegium system of India
-Khyati Khare
Download Daily Current Affairs of 25th March 2021
No Comments