2019 – Posted in: RSTV

CHIEF JUSTICE OF INDIA AND POWERS

In News:

President Ram Nath Kovind has appointed Justice Sharad Arvind Bobde as the 47th Chief Justice of India.

Introduction

After a long spell of eight years as a Supreme Court justice, Judge Sharad Arvind Bobde is expected to resign on April 23, 2021. Justice Sharad Arvind Bobde will take oath as the CJI on 18th November 2019, a day after the incumbent Ranjan Gogoi demits office. He will be having tenure of 17 months and would demit office on 23rd April 2021.

Under the convention, the outgoing CJI Ranjan Gogoi recommended the name of Judge Bobde, the oldest judge of the Supreme Court, to his successor.

The President of the Supreme Court of India and the judges of the Supreme Court are appointed by the President under paragraph (2) of Article 124 of the Constitution.

Article 124

Establishment and constitution of Supreme Court

(1) There shall be a Supreme Court of India constituting of a Chief Justice of India and, until Parliament by law prescribes a larger number, of not more than seven other Judges
(2) Every Judge of the Supreme Court shall be appointed by the President by warrant under his hand and seal after consultation with such of the Judges of the Supreme Court and of the High Courts in the States as the President may deem necessary for the purpose and shall hold office until he attains the age of sixty-five years: Provided that in the case of appointment of a Judge other than the chief justice, the Chief Justice of India shall always be consulted:

(a) a Judge may, by writing under his hand addressed to the President, resign his office;
(b) a Judge may be removed from his office in the manner provided in clause ( 4 )

Justice Bobde

Sharad Arvind Bobde is a judge of the Supreme Court of India who was born on born 24 April 1956.
He is a former president of the Supreme Court of Madhya Pradesh.
He is also the chancellor of the University of Delhi and the National Maharashtra Law University of Nagpur.
He is retiring on April 23, 2021.
With an eight-year tenure at the Supreme Court of India, he is about to preside over the Supreme Court of India (effective November 18, 2019) after the retirement of Judge Ranjan Gogoi.
On October 18, 2019, the media announced that Judge Ranjan Gogoi had formally recommended Judge Bobde to succeed him.
He was appointed President of the Supreme Court of India by President Ramnath Kovind and will be sworn in on November 18, 2019.

Appointment of Chief Justice

From 1950 to 1973, the highest judge of the Supreme Court was appointed by the presidency of India.
In 1973, when An Ray was appointed Chief Justice of India, he violated this practice by replacing three high-ranking judges.
Once again, in 1977, MU Beg was appointed President of the Supreme Court of India, replacing the high-ranking judge of the time.
The Supreme Court limited this discretion of the government in the second case of the judges (1993), in which the Supreme Court ruled that the highest judge of the Supreme Court should be appointed only for the post of president of the court of India.

Qualifications of Judges

A person who will be appointed to the Supreme Court must meet the following requirements:

Person should be a citizen of India.
He should have been a judge of a superior/high court (or successive superior high courts) for five years.
He should have been a lawyer/advocate in a superior court for ten years.
According to the president, he should be a distinguished jurist. From the foregoing, it is clear that the Constitution has not established a minimum age for appointment to the Supreme Court.

Tenure of Judges

The Constitution did not define the mandate of a judge of the Supreme Court. However, it establishes the following three provisions in this regard:

He holds the position until he is 65 years old. Any question concerning their age will be determined by this authority and in the manner provided by Parliament.
You can resign from your position by writing to the president.
He may be dismissed by the President on the recommendation of Parliament.

How the Judge can be removed?

A judge of the Supreme Court may be removed by order of the President. The President can issue the deportation order only after hearing a speech made by Parliament at the same session for the deportation.
The speech must be supported by a special majority of each House of Parliament (that is, a majority of the total members of that House and a majority of at least two-thirds of the total strength of members present and voting). The bad behavior or disability can be the reason for expulsion.
The Judges Inquiry Act (1968) governs the procedure for the dismissal of a judge of the Supreme Court following a political trial.
No Supreme Court judge has been charged so far. The motions for the political judgment of Judge V Ramaswami (1991-1993) and Judge Dipak Misra (2017-2018) were rejected by Parliament.

Taking Oath

A person appointed as a judge of the Supreme Court shall, before taking office, lend and sign an oath or
affirmation before the President, or any other person appointed by him for that purpose.

He is expected to have true faith and loyalty to the Constitution of India
He must defend the sovereignty and integrity of India;
He must understand his duty, his knowledge and his judgment to perform the duties of the Office without fear, without favor, without affection, etc.
He should defend the Constitution and laws.

Powers of CJI

Original jurisdiction: As a federal court, the Supreme Court settles disputes between different units of the Indian Federation. In more detail, any dispute between (a) the Center and one or more States; or (b) the Center and any State or several States on one side and one or more States on the other; or (c) between two or more states. In previous federal litigation, the Supreme Court had original exclusive jurisdiction. Exclusive media, no other court can decide such disputes and original media, the power to hear such disputes in the first instance, and not by appeal.

Appeal jurisdiction: As noted above, the Supreme Court not only succeeded the Federal Court of India but also replaced the British Privy Council as the supreme court of appeal. The Supreme Court is primarily a court of appeal and hears appeals against judgments of lower courts. It has broad appellate jurisdiction that can be classified into four parts: (a) Constitutional appeals. (b) Civil remedies. (c) Criminal proceedings. (d) Appeals for a special license.

Advisory Jurisdiction: The Constitution (section 143) authorizes the President to seek the opinion of the Supreme Court in the following two categories of questions: (a) any question of law or fact of public importance that has arisen or may arise. (b) In any dispute arising out of a treaty, agreement, covenant, covenant, healer or another similar instrument prior to the constitution.

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