Government Begins Process to Appoint Next Chief Justice of India

Government Begins Process to Appoint Next Chief Justice of India

Why in News?

The Union government has officially begun the process to appoint the next Chief Justice of India. The law ministry requested CJI Bhushan R. Gavai to recommend his successor before his retirement on 23 November 2025.

Who is the Chief Justice of India (CJI)?

• The Chief Justice of India (CJI) is the highest-ranking judicial officer in India, as per Article 124 of the Constitution. 
• The President of India appoints the CJI, typically based on the recommendation of the outgoing CJI, following established conventions. 
• The CJI serves until the age of 65, unless removed earlier through a prescribed constitutional process.
• As the ‘Master of the Roster,’ the CJI holds significant authority in the judicial functioning of the Supreme Court. This role involves assigning cases to specific benches and determining their composition.
• The CJI oversees the administrative functions of the Supreme Court. This includes managing the court’s roster, supervising the registry, and ensuring the smooth operation of judicial proceedings.
• The CJI leads the Supreme Court Collegium, a body responsible for recommending appointments and transfers of judges within the higher judiciary.
• The role of the CJI has evolved since the establishment of the Supreme Court in 1950. Over time, the position has become central to the administration of justice in India.

Process of Appointment of the Chief Justice of India (CJI)

• • Initiation: The appointment of the Chief Justice of India begins formally with a request from the Ministry of Law and Justice. The Ministry follows established conventions and the Memorandum of Procedure (MoP) for this. About a month before retirement, it requests the outgoing CJI to suggest a successor. 
  • Recommendation: The outgoing Chief Justice then provides a formal recommendation to the President of India, based on the seniority deemed “fit to hold the office” and experience of judges in the Supreme Court.
  • Selection: Before finalizing any selection or recommendation, the Supreme Court Collegium reviews the choice. The collegium consists of the CJI and the four senior-most judges of the Supreme Court. This practice has been in place since the Supreme Court Advocates-on-Record Association v Union of India case, 1993.

• Approval: After the recommendation reaches the President, the final approval is granted. This formal approval is part of the constitutional requirement under Article 124(2). The President’s role is mainly ceremonial and does not involve discretion.

• Official Notification: Once the President approves, an official notification is issued announcing the new Chief Justice of India. The notification specifies the date when the judge will assume office. 

Who May Become the Next Chief Justice of India?

Following the retirement of Chief Justice B.R. Gavai on November 23, 2025, Justice Surya Kant is set to become the 53rd Chief Justice of India. His appointment is in line with the long-standing convention of appointing the senior-most judge of the Supreme Court as the Chief Justice. Justice Kant’s tenure is expected to commence on November 24, 2025, and he is anticipated to serve until his retirement on February 9, 2027.

• Early Life: Justice Surya Kant was born on February 10, 1962, in Petwar village, Hisar district, Haryana. He completed his Bachelor of Laws from Maharishi Dayanand University, Rohtak, in 1984. In 2011, he earned a Master of Laws degree, standing First Class First from Kurukshetra University.

• Advocacy Career: After completing his education, Justice Kant began practicing law in the Punjab and Haryana High Court in 1985. He gained recognition for his expertise in constitutional, service, and civil matters. In July 2000, he was appointed as the Advocate General of Haryana, a position he held until his elevation to the judiciary.

• Judicial Appointments: Justice Kant was elevated as a permanent judge of the Punjab and Haryana High Court on January 9, 2004. On October 5, 2018, he became the Chief Justice of the Himachal Pradesh High Court. On May 24, 2019, he was appointed as a judge of the Supreme Court of India, continuing his distinguished judicial career.

• Legal Services: In November 2024, Justice Kant was appointed as the Chairman of the Supreme Court Legal Services Committee. In this capacity, he has been instrumental in enhancing access to justice and legal aid for marginalized communities. He was also appointed as the executive chairman of the National Legal Services Authority (NALSA).

• Role in Constitutional Benches: One of his notable involvements was in the case concerning the abrogation of Article 370. He was part of the bench that upheld the constitutional validity of the Presidential Orders. 

• • Another significant case was related to the validity of Section 6A of the Citizenship Act. Justice Kant was part of the bench that examined the constitutional validity of this provision, which grants special rights to non-permanent residents of Assam.
  • In the matter concerning the minority status of Aligarh Muslim University (AMU), Justice Kant authored a dissenting opinion. The majority upheld AMU’s minority status, but Justice Kant’s dissent highlighted concerns regarding the interpretation of the term “minority”.
  • Justice Kant has also been instrumental in addressing issues related to sedition laws. He was part of the bench that directed the government to reconsider the constitutional validity of Section 124A of the Indian Penal Code, which deals with sedition.
  • Justice Kant played a crucial role in the Pegasus spyware case. The bench, under his participation, appointed a technical committee to investigate allegations of unauthorized surveillance using the Pegasus software.