Chief Justice of India - Appointment

Appointment

Article 124 of the Constitution of India provides for the manner of appointing judges to the Supreme Court. However, no specific provision is made as to the appointment of the Chief Justice; as a result, the Chief Justice is appointed in the same manner as for the other judges to the Supreme Court.

Generally speaking, Supreme Court and the High Courts as he or she thinks necessary. However, this convention has been breached on a number of occasions, most notably during the premiership of Indira Gandhi, when A.N. Ray was appointed as the Chief Justice despite three judges being more senior than him. It was alleged that Ray was appointed because he was considered to be a supporter of Gandhi's government, during a time when her government was becoming increasingly mired in a political and constitutional crisis.

In the aftermath of the Emergency, the Supreme Court in a series of landmark decisions asserted its position and independence. In one such case, the Court declared (in the constitutional bench S.P. Gupta — II case) that the Government of India would be bound to nominate only the most senior judge of the Supreme Court for the position of Chief Justice, thereby removing a potential source for Government influence over the judiciary. Since then, the convention has been followed without exception.