Q. Consider the following statements with respect to the appointment of Chief Justice of India:
1. The senior most judge of the Supreme Court should alone be appointed as Chief Justice of India as per a recent amendment of the Constitution.
2. No judge is appointed so far as the chief justice of India by superseding the then senior-most judge.
Which of the statements given above is/are correct?
Exp) Option d is the correct answer.
Articles 124(2) and 217 of the Constitution governs the appointment of judges to the Supreme Court and High Courts respectively.
Statement 1 is incorrect: From 1950 to 1973, the practice has been to appoint the senior most judge of the Supreme Court as the Chief Justice of India. However, this established convention was broken in 1973. In the Second Judges Case (1993), the Supreme Court ruled that the senior most judge of the Supreme Court should alone be appointed to the office of the Chief Justice of India. No constitutional amendment has been made in this context.
Statement 2 is incorrect: A.N. Ray was the first judge to be appointed as the Chief Justice of India by superseding three senior judges in 1973. In 1977, M.U. Beg was appointed as the Chief Justice of India by superseding the then seniormost judge.
