Q. Consider the following statements with respect to the Chief Justice of India (CJI):
1.The CJI is appointed by the President of India.
2.The CJI can be removed only through impeachment.
3.The CJI only participates in Constitution Benches on rotation.
4.The CJI has equal judicial power to other judges but superior administrative authority.
Which of the statements given above are correct?
Explanation –
Statements 1, 2 and 4 are correct. Under Article 124(2) of the Indian Constitution, the CJI is appointed by the President based on a recommendation from the outgoing CJI, following the seniority principle among judges. The CJI and any Supreme Court judge can only be removed by an impeachment process, as outlined in Article 124(4). This process involves a motion in the Parliament that requires a two-thirds majority in both Houses, based on proven misbehavior or incapacity. While the CJI holds the same judicial power as any other Supreme Court judge, they exercise superior administrative authority, such as allocating cases to different benches and determining which judges will hear particular matters.
Statement 3 is incorrect. The Chief Justice of India (CJI) plays a key role in forming Constitution Benches to address major constitutional matters. Their participation isn’t based on rotation but is optional, allowing them to join or delegate to other senior judges.
Source: The Hindu
