by Yogi P - August 17, 2023

The Chief Justice of India: A Comprehensive Overview

Introduction

The Chief Justice of India (CJI), known in Hindi as ‘Bhārat kē Mukhya Nyāyādhīśa,’ holds the esteemed position of the chief judge of the Supreme Court of India. This individual is the highest-ranking officer of the Indian Judiciary. According to the Constitution of India, the President of India, in consultation with the outgoing Chief Justice and a judicial panel of 21 Supreme Court judges, has the authority to appoint the next Chief Justice of India. Once appointed, the CJI serves until they reach the age of sixty-five or are removed via the constitutional process of impeachment.

Appointment Tradition

By convention, the outgoing Chief Justice typically recommends the next senior-most judge in the Supreme Court as their successor. This convention has been notably disrupted twice; in 1973 with the appointment of Justice A. N. Ray and in 1977 with the appointment of Justice Mirza Hameedullah Beg.

Responsibilities and Duties

As the leader of the Supreme Court, the Chief Justice is tasked with the allocation of cases and the appointment of constitutional benches that handle significant legal matters. As per Article 145 of the Indian Constitution and the Supreme Court Rules of Procedure of 1966, the Chief Justice is responsible for assigning all work to the other judges, who are obligated to refer cases back to the Chief Justice for re-allocation if they believe it requires the attention of a larger bench.

On an administrative level, the Chief Justice oversees the maintenance of the roster, the appointment of court officials, and general and miscellaneous issues related to the supervision and functioning of the Supreme Court.

Current Office Holder

As of November 9, 2022, Dhananjaya Y. Chandrachud holds the position of Chief Justice of India, being the 50th person to serve in this role.

Removal Procedure

Article 124(4) of the Indian Constitution outlines the process for the removal of a Supreme Court judge, which applies to Chief Justices as well. A Chief Justice remains in office until the age of 65 unless removed by a specific process involving an order from the President of India, following an address by both Houses of Parliament. This requires support by a majority of each House’s total membership and at least two-thirds of the members present and voting.

Acting President Role

In the event that both the President and Vice President of India‘s offices are vacant, the Chief Justice assumes the role of Acting President of India, as specified by the President (Discharge of Functions) Act, 1969. A notable instance of this was when Justice Mohammad Hidayatullah became the Acting President of India.

Remuneration

The Constitution of India empowers the Parliament to determine the salary and other conditions of service for the Chief Justice. These provisions are specified in The Supreme Court Judges (Salaries and Conditions of Service) Act, 1958. The remuneration for this position has been revised periodically, most recently following the recommendations of the Seventh Central Pay Commission in 2016.

List of chief justice of India

1. Harilal Jekisundas Kania – The first Chief Justice of India (1950-1951), played a crucial role in shaping the early years of the Supreme Court of India.
2. M. Patanjali Sastri – Served as the second Chief Justice of India (1951-1954), and was part of the first-ever Supreme Court bench.
3. Mehr Chand Mahajan – Third Chief Justice of India (1954), he is known for his role in the integration of princely states into the Indian union.
4. Bijan Kumar Mukherjea – Served as the fourth Chief Justice of India (1954-1956) and known for his emphasis on social justice.
5. Sudhi Ranjan Das – The fifth Chief Justice of India (1956-1959), known for his work on improving legal procedures and standards.
6. Bhuvaneshwar Prasad Sinha – Served as the sixth Chief Justice of India (1959-1964), during a time of significant legal reform.
7. Koka Subba Rao – Seventh Chief Justice of India (1966-1967), he played a pivotal role in expanding the scope of fundamental rights.
8. Amal Kumar Sarkar – Eighth Chief Justice of India (1966), known for his focus on speeding up the legal process.
9. Kailas Nath Wanchoo – Ninth Chief Justice of India (1967-1968), known for his strong views on social justice.
10. Mohammad Hidayatullah – Tenth Chief Justice of India (1968-1970), he also served as the Acting President of India.
11. Jayantilal Chhotalal Shah – Eleventh Chief Justice of India (1970-1971), known for his comprehensive and clear judgments.
12. Sarv Mittra Sikri – Twelfth Chief Justice of India (1971-1973), played a key role in the Kesavananda Bharati case.
13. Ajit Nath Ray – Thirteenth Chief Justice of India (1973-1977), controversially appointed, superseding three senior judges.
14. Mirza Hameedullah Beg – Fourteenth Chief Justice of India (1977-1978), known for his role during the Emergency.
15. Yeshwant Vishnu Chandrachud – Fifteenth Chief Justice of India (1978-1985), longest-serving Chief Justice of India.
16. Prafullachandra Natwarlal Bhagwati – Sixteenth Chief Justice of India (1985-1986), known for introducing Public Interest Litigation (PIL).
17. Raghunandan Swarup Pathak – Seventeenth Chief Justice of India (1986-1989), known for his strict adherence to principles.
18. Engalaguppe Seetharamiah Venkataramiah – Eighteenth Chief Justice of India (1989), known for his administrative acumen.
19. Sabyasachi Mukharji – Nineteenth Chief Justice of India (1990-1993), known for his focus on tax laws.
20. Ranganath Misra – Twentieth Chief Justice of India (1990-1991), later served as the Chairman of the National Human Rights Commission of India.
21. Kamal Narain Singh – Twenty-first Chief Justice of India (1991), had a short tenure but a long and respected career in the judiciary.
22. Madhukar Hiralal Kania – Twenty-second Chief Justice of India (1991-1992), known for his unblemished record.
23. Lalit Mohan Sharma – Twenty-third Chief Justice of India (1992-1993), known for his strong sense of justice and clear judgments.
24. M. N. Venkatachaliah – Twenty-fourth Chief Justice of India (1993-1994), later headed the Constitution Review Commission.
25. Aziz Mushabber Ahmadi – Twenty-fifth Chief Justice of India (1994-1997), known for his focus on civil liberties.
26. Jagdish Sharan Verma – Twenty-sixth Chief Justice of India (1997-1998), played a significant role in enhancing the rights of women through notable judgments.
27. Madan Mohan Punchhi – Twenty-seventh Chief Justice of India (1998), known for his erudition and wide-ranging knowledge of law.
28. Adarsh Sein Anand – Twenty-eighth Chief Justice of India (1998-2001), known for his efforts in providing speedy justice.
29. Sam Piroj Bharucha – Twenty-ninth Chief Justice of India (2001-2002), known for his integrity and fight against corruption in the judiciary.
30. Bhupinder Nath Kirpal – Thirtieth Chief Justice of India (2002), played a key role in environmental law judgments.
31. Gopal Ballav Pattanaik – Thirty-first Chief Justice of India (2002-2002), known for his humane approach in judgments.
32. V. N. Khare – Thirty-second Chief Justice of India (2002-2004), known for his stand on social justice and human rights.
33. S. Rajendra Babu – Thirty-third Chief Justice of India (2004), known for his vast experience and jurisprudence.
34. Ramesh Chandra Lahoti – Thirty-fourth Chief Justice of India (2004-2005), known for his integrity and focus on justice.
35. Yogesh Kumar Sabharwal – Thirty-fifth Chief Justice of India (2005-2007), known for his notable judgments on environmental issues.
36. K. G. Balakrishnan – Thirty-sixth Chief Justice of India (2007-2010), first person of Dalit background to reach this position.
37. S. H. Kapadia – Thirty-seventh Chief Justice of India (2010-2012), known for his transparency and integrity.
38. Altamas Kabir – Thirty-eighth Chief Justice of India (2012-2013), known for his focus on social justice.
39. P. Sathasivam – Thirty-ninth Chief Justice of India (2013-2014), later became the Governor of Kerala.
40. Rajendra Mal Lodha – Fortieth Chief Justice of India (2014), known for his efforts to bring transparency in the judiciary.
41. H. L. Dattu – Forty-first Chief Justice of India (2014-2015), later served as the Chairman of the National Human Rights Commission of India.
42. Tirath Singh Thakur – Forty-second Chief Justice of India (2015-2016), known for his role in the development of Indian arbitration law.
43. Jagdish Singh Khehar – Forty-third Chief Justice of India (2017), played a key role in the NJAC judgment.
44. Dipak Misra – Forty-fourth Chief Justice of India (2017-2018), presided over significant cases, including the decriminalization of homosexuality in India.
45. Ranjan Gogoi – Forty-fifth Chief Justice of India (2018-2019), known for his role in the Ayodhya verdict.
46. Sharad Arvind Bobde – Forty-sixth Chief Justice of India (2019-2021), known for his role in prominent constitutional and civil matters.
47. N. V. Ramana – Forty-seventh Chief Justice of India (2021-Present as of September 2021), known for his judgments in favor of civil liberties and human rights.

Frequently Asked Questions on Chief Justice of India

What is the role of the Chief Justice of India (CJI)?

The CJI is the head of the judiciary in India and the Chief Judge of the Supreme Court of India. The CJI is responsible for the allocation of cases, appointment of constitutional benches, and maintaining the overall functioning and integrity of the Supreme Court.

How is the Chief Justice of India appointed?

The President of India appoints the CJI. Typically, the most senior judge of the Supreme Court is appointed as the CJI, as per the recommendation of the outgoing CJI. However, this is a convention and not a binding rule.

What is the term of the Chief Justice of India?

The CJI serves until they reach the age of 65 or are removed by impeachment, whichever comes first. There is no fixed tenure for the CJI.

How can the Chief Justice of India be removed?

The CJI can be removed from office through an impeachment process initiated in the Parliament of India. This requires a majority vote in both Houses of Parliament, based on proven misbehavior or incapacity.

Can the Chief Justice of India become the President of India?

The CJI can act as the President of India, in the event of vacancies in both the offices of President and Vice-President. This is as per the President (Discharge of Functions) Act of 1969.

How is the salary and remuneration of the Chief Justice of India decided?

The Parliament of India decides the salary and other conditions of service of the CJI, as per the provisions laid down in The Supreme Court Judges (Salaries and Conditions of Service) Act, 1958.

Have there been any instances where the convention of appointing the senior-most judge as the Chief Justice of India was not followed?

Yes, there have been instances, notably in 1973 (Justice A.N. Ray) and in 1977 (Justice M. H. Beg), where the senior-most judge of the Supreme Court was superseded in the appointment of the CJI.

Who was the first Chief Justice of India?

Harilal Jekisundas Kania was the first Chief Justice of India.

Who is the current Chief Justice of India?

As of September 2021, N.V. Ramana holds the position of Chief Justice of India. (Note: Please verify from an official source for the most up-to-date information).

Is the Chief Justice of India involved in judicial appointments?

Yes, the CJI plays a significant role in the appointment of judges to the Supreme Court and High Courts. The CJI is the head of the Collegium system, which recommends appointments and transfers of judges.

In which languages can one find the Code of Civil Procedure, 1908?

The Code of Civil Procedure, 1908 is available in English and has been translated into various Indian languages, including Hindi (“सिविल प्रक्रिया संहिता, १९०८”).

What is Section 151 of the Civil Procedure Code?

Section 151 of the Civil Procedure Code, 1908 grants the court the inherent power to pass orders as necessary for the ends of justice or to prevent abuse of the process of the court, notwithstanding the explicit provisions of the Code.