Q. With reference to the appointment of the Chief Justice of India (CJI), consider the following statements:
1.The Chief Justice of India is appointed by the President as per Article 124(2) of the Constitution.
2.The Memorandum of Procedure lays down the convention of appointing the senior-most judge of the Supreme Court as the CJI.
3.The Prime Minister plays no role in the appointment process of the Chief Justice of India.
Which of the statements given above is/are correct?
Quarterly-SFG-Jan-to-March
Red Book

[A] 1 and 2 only

[B] 2 and 3 only

[C] 1 and 3 only

[D] 1, 2 and 3

Answer: A
Notes:

Explanation:

  • Statement 1 is correct. As per Article 124(2) of the Constitution, the President appoints the Chief Justice of India and other Supreme Court judges.
  • Statement 2 is correct. The Memorandum of Procedure (MoP), an established executive procedure, follows the convention of seniority, whereby the senior-most judge is generally recommended by the outgoing CJI to succeed him.
  • Statement 3 is incorrect. The Prime Minister is involved in the process: the Union Law Minister forwards the CJI’s recommendation to the Prime Minister, who then advises the President for the formal appointment.

Source– TH

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