Who appoints the Chief Justice of India?

This question was previously asked in
SSC CHSL Previous Paper 89 (Held On: 12 Oct 2020 Shift 3)
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  1. Judges of Supreme Court and High Court
  2. PM of India
  3. President of India in consultation with senior judges of Supreme Court and High Court
  4. President of India in consultation with senior judges of Supreme Court

Answer (Detailed Solution Below)

Option 3 : President of India in consultation with senior judges of Supreme Court and High Court
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Detailed Solution

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The correct answer is the President of India in consultation with senior judges of Supreme Court and High Court

  • The Chief Justice of India (CJI) is appointed by the President of India under clause (2) of Article 124 of the Constitution.
  • The chief justice is appointed by the president after consultation with such judges of the Supreme Court and high courts as he deems necessary.
  • The other judges are appointed by the president after consultation with the chief justice and such other judges of the Supreme Court and the high courts as he deems necessary. The consultation with the chief justice is obligatory in the case of the appointment of a judge other than Chief justice.
  • The basic procedure to be followed for the appointment of CJI is:
    • Appointment to the office of the Chief Justice of India should be of the senior-most Judge of the Supreme Court considered fit to hold the office.
    • The Union Minister of Law, Justice and Company Affairs would, at the appropriate time, seek the recommendation of the outgoing Chief Justice of India for the appointment of the next Chief Justice of India.
    • Whenever there is any doubt about the fitness of the senior-most Judge to hold the office of the Chief Justice of India, consultation with other Judges as envisaged in Article 124 (2) of the Constitution would be made for the appointment of the next Chief Justice of India.
    • After receipt of the recommendation of the Chief Justice of India, the Union Minister of Law, Justice and Company Affairs will put up the recommendation to the Prime Minister who will advise the President in the matter of appointment. 
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