The Chief Justice of India: Powers, Functions & Constitutional Role

Introduction

The Chief Justice of India (CJI) is the head of the Indian judiciary and the Supreme Court of India. The CJI plays a pivotal role in upholding the Constitution and ensuring judicial independence.

Constitutional Basis: Articles 124-147 of the Indian Constitution.

Appointment & Tenure

Appointment: Supreme court judges are appointed by the President of India based nn the aid and advice of government in power, which, in turn, acts on the recommendation by Collegium.

Article 124(2): President appoints CJI after consultation with judges.

Eligibility: Must be a judge of the Supreme Court or a High Court for at least 5 years.
Tenure: Until the age of 65 years (retirement age).

Article 124(2): Retirement age for Supreme Court judges is 65.

Removal: Can only be removed through impeachment by Parliament (same process as for President).

Article 124(4): Removal process similar to President's impeachment.

Powers & Functions of the CJI

1. Judicial Powers

Presides over Constitution Benches (cases involving constitutional interpretation).

Article 145(3): CJI constitutes benches for constitutional matters.

Assigns cases to different benches of the Supreme Court.
Final authority on listing of cases (Master of the Roster).

2. Administrative Powers

Head of the Supreme Court administration.
Appoints court staff and oversees judicial appointments.

Article 146: CJI controls Supreme Court's staff and finances.

3. Appointment of Judges

Heads the Collegium System (recommends appointments/transfers of judges).

Third Judges Case (1998): Collegium system established.

4. Guardian of the Constitution

Ensures judicial independence.
Protects fundamental rights through PILs (Public Interest Litigations).

Article 32: Right to Constitutional Remedies.

5. National Importance Roles

Administers oath to the President and Prime Minister.
Chairs National Judicial Appointments Commission (NJAC) (if revived).

Constitutional & Legal Provisions

Article/Rule	Provision
Article 124	Establishment & constitution of Supreme Court
Article 126	Appointment of acting CJI
Article 127	Ad hoc judges appointment
Article 145	CJI's power to make rules for Supreme Court
Article 146	Administrative powers of CJI

Special Powers & UPSC Must-Know Facts

The CJI is the first among equals in the Supreme Court.
The senior-most judge is conventionally appointed as CJI.

Convention: Seniority principle followed since 1973.

The CJI administers oath to:
- President of India (Article 60)
- Prime Minister & Ministers(In absense of President)
First CJI of India: H. J. Kania (1950-1951).
First Woman CJI: Justice Leila Seth (never served as CJI; first woman CJI was Justice Fatima Beevi in High Court). Note: India has not had a female CJI yet (as of 2024).

Collegium System vs. NJAC

Collegium System: CJI + 4 senior-most judges recommend appointments.

Judicial Precedent: Established by Three Judges Cases.

NJAC (2014): Proposed body including Law Minister (struck down by SC in 2015).

NJAC Judgment (2015): Violated judicial independence (Article 50).

Explore Other Constitutional Posts

President of India - Constitutional head of the state.
Vice President of India - Chairman of Rajya Sabha.
Prime Minister of India - Head of government.
Speaker of Lok Sabha - Presiding officer of the Lower House.