Chief Justice Of India

Chief Justice Of India

Judiciary is one of the pillars, the strength of which determines the success of the democracy. The law of the land suggests that everyone is equal in the eyes of justice. The police catch the culprit, and the courts sentence the criminals. The head of the Indian Judicial System is the Chief Justice. The present Chief Justice of India is Ranjan Gogoi. He took on the role of the Chief Justice on 3rd of October, 2018.

Chief Justice Of India

Powers vested on the Chief Justice

  1. Head of Judicial system – The primary role of the Chief Justice is that he is placed the head of the judicial department.
  2. Head of Supreme Court – He also has the authority to decide the final verdict of any case that comes to the Supreme Court as he is the head of this judicial institution.
  3. Dealing with crucial cases – Another responsibility of the Chief Justice of India is associated with the formation of creation of constitutional benches. He also allocated important cases to these benches so that fast action can be taken.
  4. Administrative authority – The Chief Justice of India also performs the function of seeing that all administrative activities are running smoothly in the Supreme Court. He has to carry out the administrative tasks as well.
  5. Allocation of cases – The Chief Justice of India has the final say about the allocation of cases, during the court proceedings.
  6. Maintenance of roister – Maintaining the Supreme Court case roster is another important task that falls on the shoulders of the Chief Justice.
  7. Appointment of other court officials – When there are any vacancies in the Supreme Court, it is brought to the notice of the Chief Justice. The finalization of the appointment of any candidate will be done by the Chief Justice.
  8. Other general tasks – The Chief Justice of India also keeps a keen eye on the other general tasks, which take place in the Supreme Court.
  9. Acting as Indian President – In any point of tine, if there is no one to carry out the duties of the President as well as the Vice President, then the Chief Justice will have to step up to the challenge, and carry out these duties as well.
  10. Appointing ad hoc judges – The responsibility of appointment of the ad hoc judges also lies on the shoulders of the Chief Justice of India.

Eligibility of the Chief Justice

  1. Indian citizen – The primary requirement to be considered for the post of Chief Justice of India is that he/she must be a legal citizen of the country. The candidate must possess the legal documents, which will support his/her residential claims.
  2. Work experience as a judge – The judges of the High Courts that have been practicing for ten years or more can be worthy candidates to fill the post of the Chief Justice of India.
  3. Work experience as an advocate – Advocates that have been practicing in the High court for ten years or more can be considered eligible for the post of the Chief Justice.
  4. Preferred by the President of the country – Only those candidates can be shortlisted who, according to the Indian President are eminent jurists.
  5. Of sound mind – The candidate must possess a sound mind to understand the case and offer proper justice, as per the guidelines in the law system.
  6. No recorded criminal cases – Before the final selection of the Chief Justice, his/her criminal background will be checked. If any criminal case has been recorded in his/her name, then he/she will no longer be considered as an eligible candidate.
  7. Must not hold any other office of profit – It is also mandatory for the Chief Justice of India that he is not holding any other office of profit, under the central or any state government.

Tenure of the office of Chief Justice of India

After the appointment of the candidate to this post, he/she will remain in power till the age of 65 years. Under rare circumstances, the Chief Justice can be impeached by the Parliamentary procedure. Apart from this, one can voluntarily retire from the post as well. The resignation letter must be addressed to the President of India.

How the Chief Justice of India is selected?

Every detail of the appointment procedure of the Chief Justice of India has been explained in the Indian Constitution’s Article 124. The President plays the main role in the selection and appointment process. The President holds talks with the Supreme Court judges. It is also a tradition that the Chief Justice who is about to retire from the post mentions the name of the Supreme Court judge who is a senior in context to age and experience. After careful consideration, the President finalizes the name of the new Chief Justice of India.

How can the Chief Justice be removed from the post?

It is not easy to remove the Chief Justice from his post. An application must be made to the President, highlighting the reasons why the Chief Justice needs to go. In case the President gives his/her consent, the application will be carried out in the parliament. Only a successful Parliamentary impeachment process can pave the path for the removal of the Chief Justice or Supreme Court.

Remuneration of the Chief Justice

The monthly salary of the Chief Justice of India is Rs. 2, 80,000. Apart from this, he/she is also eligible to attain several other perks and facilities, which will be provided by the central government of India. After the retirement of the Chief Justice, he/she will attain a monthly pension that will be 50% of the monthly he/she used to receive during his office days. The spouse will be entitled to attain a certain sum, as family pension, after the death of the former Chief Justice of India.

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