Did You Know: A High Court Judge Can Directly Become Chief Justice of India - Some Interesting Details

New Delhi: The Chief Justice of India (CJI) is the head of the judiciary and the highest-ranking judge of the Supreme Court of India. The CJI presides over the court, assigns cases to the other judges, and administers the oath of office to the President and the Vice President of India. The CJI also plays a crucial role in the appointment of judges to the Supreme Court and the high courts, as well as the transfer of judges between the high courts.

But how does one become the CJI? What are the qualifications and criteria for this prestigious position? And can a high court judge directly become the CJI? Let us find out.

Eligibility for Becoming the CJI

The Constitution of India does not specify any eligibility criteria for becoming the CJI. However, Article 124 (3) of the Constitution lays down the qualifications for becoming a judge of the Supreme Court, which are also applicable to the CJI. According to this article, a person must be:

1. A citizen of India
2. Either a judge of a high court for at least five years
3. An advocate of a high court for at least ten years
4. A distinguished jurist in the opinion of the President

Therefore, a high court judge or a high court lawyer can become the CJI, provided they meet the above requirements. However, there is no provision for a direct appointment of a high court judge as the CJI.

Appointment Of The CJI

The CJI is appointed by the President of India under Article 124 (2) of the Constitution, after consultation with the judges of the Supreme Court and the high courts, as the President may deem necessary. However, the President is bound by the recommendation of the collegium, a body of five senior-most judges of the Supreme Court, headed by the incumbent CJI.

The collegium follows the convention of seniority, which means that the senior-most judge of the Supreme Court, after the incumbent CJI, is recommended as the next CJI. The seniority is determined by the date of appointment to the Supreme Court, not by the age of the judge. For example, if two judges are 63 years old, but one was appointed to the Supreme Court earlier than the other, the former will be considered senior to the latter.

The collegium sends its recommendation to the Union Law Minister, who forwards it to the Prime Minister, who advises the President to appoint the CJI. The President then issues a warrant of appointment, and the CJI is sworn in by the President or his nominee.

The tenure of the CJI is until they attain the age of 65 years, or until they resign or are removed by impeachment. The CJI can also act as the President of India in case of a vacancy in the office, or when the President is unable to discharge his functions.

Can A High Court Judge Become The CJI?

As mentioned earlier, a high court judge can become the CJI, if they have been a judge of a high court for at least five years, and if they are appointed to the Supreme Court by the collegium. However, there is no provision for a direct appointment of a high court judge as the CJI, without serving as a judge of the Supreme Court first.

This is because the convention of seniority, which is followed by the collegium, requires that the CJI should be the senior-most judge of the Supreme Court. Therefore, a high court judge, even if they are the chief justice of a high court, cannot supersede the judges of the Supreme Court and become the CJI.

The only exception to this rule was Justice M. Hidayatullah, who was appointed as the CJI in 1968, after serving as the chief justice of the Nagpur High Court and the Madhya Pradesh High Court, without being a judge of the Supreme Court. However, this was a rare and controversial case, and has not been repeated since then.

Therefore, the process of becoming the CJI is not a simple or straightforward one. It involves a complex interplay of constitutional provisions, judicial conventions, and political considerations. It also requires a high degree of merit, experience, and integrity, as the CJI is not only the leader of the judiciary, but also the guardian of the Constitution and the rights of the citizens123456