In News:

Justice Sanjiv Khanna Appointed as Next Chief Justice of India, Will Assume Office on November 11

• Appointment:
  • Justice Sanjiv Khanna has been appointed as the 51st Chief Justice of India by President Droupadi Murmu.
  • He is set to take office on November 11, 2024, succeeding Chief Justice D.Y. Chandrachud, who is retiring on November 10, 2024.
• Tenure:
  • Justice Khanna's tenure will be relatively short, lasting only six months, as he is scheduled to retire on March 13, 2025.

Career and Background

• Education and Early Career:
  • Justice Khanna is a graduate of Delhi University’s Campus Law Centre.
  • He enrolled as an advocate in 1983 and primarily practiced before the Delhi High Court.
  • Prior to his elevation to the Delhi High Court in 2005, he served as the Senior Standing Counsel for the Income Tax Department and the standing counsel for civil matters for the Delhi government.
• Judicial Career:
  • Supreme Court Appointment: Justice Khanna was appointed to the Supreme Court in January 2019, despite not having served as Chief Justice of a High Court. He was elevated over other senior judges from the Delhi High Court, such as Justices Rajendra Menon and Pradeep Nandrajog, whose names were initially recommended but not forwarded to the government.
• Key Contributions:
  • Justice Khanna has been part of several significant rulings, including:
    • February 2024: Part of the five-judge bench that struck down the Electoral Bond Scheme as unconstitutional.
    • 2023: Contributed to upholding the abrogation of Article 370 of the Constitution.
    • 2023: Authored a ruling granting the Supreme Court the power to directly grant divorce under Article 142 on the grounds of "irretrievable breakdown of marriage."
• Administrative Role:
  • Justice Khanna currently serves as the Executive Chairman of the National Legal Services Authority (NALSA).

Process of Appointment of Chief Justice of India (CJI)

• Seniority Principle: The CJI is typically the senior-most judge of the Supreme Court.
• Memorandum of Procedure (MoP): The Law Ministry requests a recommendation from the outgoing CJI for his successor.
• Presidential Appointment: After receiving the recommendation, the President of India formally appoints the new CJI.
• Tenure and Retirement: The CJI serves until the age of 65. Upon retirement, the senior-most judge becomes the next CJI.
• Merit and Integrity Considerations: In addition to seniority, merit and integrity play crucial roles in the selection process for the CJI.

In News:

On August 31, 2024, Prime Minister Narendra Modi inaugurated the National Conference of District Judiciary at Bharat Mandapam, New Delhi. This event marked the 75th anniversary of the Supreme Court of India, highlighted by the unveiling of a commemorative stamp and coin.

Supreme Court of India: History and Key Insights

The Origins of the Judiciary

• The concept of law, or Dharma, in ancient India was significantly influenced by the Vedas, which outlined rules of conduct and rituals in the Dharma Sutras. These texts addressed the duties of individuals and the rights of kings, forming the foundation of Hindu Law. The earliest systematic examination of jurisprudence can be found in Kautilya's Artha Sastra (circa 300 B.C.), particularly its third chapter, which discusses legal transactions and disputes.

Establishment of the Supreme Court

• The Regulating Act of 1773, enacted by the British Parliament, initiated the establishment of the Supreme Court of Judicature at Calcutta, with its Letters of Patent issued on March 26, 1774. This court had the authority to hear all complaints and lawsuits involving His Majesty’s subjects in Bengal, Bihar, and Orissa. Additional Supreme Courts were later established in Madras (1800) and Bombay (1823).
• The Indian High Courts Act of 1861 replaced these Supreme Courts with High Courts in various provinces, which became the highest judicial authorities until the Federal Court of India was created under the Government of India Act 1935. After India gained independence in 1947, the Supreme Court of India was formally established on January 26, 1950, with its inaugural session held on January 28, 1950.
• The Supreme Court's rulings are binding across India, and it possesses the power of judicial review to ensure that legislative and executive actions align with constitutional provisions and fundamental rights.

Structure and Functioning

• Initially, the Supreme Court operated for only a few hours each day and convened for 28 days a year. Today, it functions extensively, meeting approximately 190 days annually. The court was temporarily housed in the Parliament House before moving to its current location on Tilak Marg, New Delhi, in 1958.
• The court's architecture symbolizes justice, featuring a prominent dome and spacious corridors. It began with a Chief Justice and seven judges, with Parliament later increasing this number as the workload grew. Currently, the Supreme Court includes a Chief Justice and 30 judges.

Appointment and Qualifications of Judges

• Judges are appointed by the President of India, based on recommendations from a committee of senior judges (Collegium System). A candidate must be a citizen of India and have served as a High Court judge for at least five years or as an advocate for ten years. The age of retirement for judges is 65 years.

Judicial Independence and Removal

• Judicial independence is constitutionally protected. A Supreme Court judge can only be removed by the President on grounds of proven misbehavior or incapacity, following a resolution supported by a two-thirds majority in both Houses of Parliament.

Judicial Salaries and Provisions

• Judges’ salaries and pensions are defined by the Supreme Court Judges (Salaries and Conditions of Service) Act, 1958, and are charged to the Consolidated Fund of India.

Acting Chief Justice

• In the absence of the Chief Justice, the President appoints another judge as the Acting Chief Justice, as stipulated in Article 126.

Post-Retirement Opportunities

• While retired judges cannot practice law in India, they often serve in governmental roles, such as leading commissions. There have been calls for a "cool-off" period before such appointments.

Ad Hoc Judges

• Ad hoc judges may be appointed when necessary, and must meet the qualifications for Supreme Court judges. Retired judges can also be called back to serve temporarily.

Courts of Record

• Both the Supreme Court and High Courts are classified as courts of record, with the authority to punish for contempt as per Article 129.

Seat of the Supreme Court

• The Supreme Court is based in Delhi but can convene anywhere in India, with such decisions made by the Chief Justice in consultation with the President.