Principle of seniority and next CJI Chandrachud’s ‘5+1’ collegium

Source: The post is based on the article “Principle of seniority and next CJI Chandrachud’s ‘5+1’ collegium” published in the Indian Express on 12^th October 2022.

What is the News?

The current Chief Justice of India (CJI) has written to the government recommending his successor in the post, and as per the convention of seniority, Justice D Y Chandrachud will take over as the next CJI on November 9.

What is the collegium?

What are the Judges Cases?

Who is in the collegium?

The ruling in the Third Judges Case gave legal backing to the current system of appointment of judges and created the collegium of the CJI and four senior-most judges.

Generally, one or more of the four senior judges in the collegium would be a potential CJI candidate. The next in line is considered important to ensure continuity of decision-making.

If the situation should be such that the successor Chief Justice is not one of the four senior-most puisne Judges, he must invariably be made part of the collegium.

What is a 5+1 collegium?

In the two-year tenure of Justice Chandrachud as CJI, a potential CJI candidate (Justice Khanna) is unlikely to be in the collegium until May 2023. So, Justice Khanna will be the sixth member of the collegium from November 9, 2022 itself.

Previous instances of 5+1 collegium: In 2007 when then CJI took the top office, the collegium he headed did not have a potential CJI candidate. So, next in line to be CJI, was invited to the collegium as the sixth member.