49th Chief Justice of India And Constitution Bench
Source : Business Standard
GS II : Appointment to various Constitutional posts, powers, functions and responsibilities of various Constitutional Bodies

What is discussed under 49th Chief Justice of India And Constitution Bench?

1. Chief Justice of India (CJI)
2. Constitution Bench

Why in News ?

Justice Uday Umesh Lalit was on Saturday sworn in as the 49th Chief Justice of India (CJI).

Key Facts

• CJI, Justice Lalit will have a tenure of 74 days and would demit office on November 8 on attaining the age of 65 years.
• The top court had recently notified that 25 five-judge Constitution Bench matters would be listed from August 29.
  • These include ensuring that at least one constitution bench is functioning in the Supreme Court throughout the year, listing cases for hearing in the apex court, and mentioning urgent matters.

Chief Justice of India (CJI)

Appointment

• Appointment of Chief Justice From 1950 to 1973, the practice has been to appoint the senior most judge of the Supreme Court was violated in 1973 when A N Ray was appointed as the Chief Justice of India by superseding three senior judges.
• This discretion of the government was curtailed by the Supreme Court in the Second Judges Case (1993), in which 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.

Qualifications of Judges

• He should be a citizen of India.
• He should have been a judge of a High Court (or high courts in
  succession) for five years; or
• He should have been an advocate of a High Court (or High Courts in succession) for ten years; or
• He should be a distinguished jurist in the opinion of the president.

Facts : Constitution has not prescribed a minimum age for appointment as a judge of the Supreme Court. No judge of the Supreme Court has been impeached so far.

Oath or Affirmation

• A person appointed as a judge of the Supreme Court, before entering upon his Office, has to make and subscribe an oath or affirmation.

  

• Oath before the President, or some person appointed by him for this purpose.

Tenure of Judges

• Age : He holds office until he attains the age of 65 years.
• Challenging : Any question regarding his age is to be determined as provided by Parliament.
• Resignation : He can resign his office by writing to the president.
• Removal : He can be removed from his office by the President on the recommendation of the Parliament.

Removal from office

• The President can issue the removal order only after an address by Parliament.
• The grounds of removal are two
  1. Proved misbehaviour
  2. Incapacity.
• Process of Removal
  • Removal Motion signed by 100 members (in the case of Lok Sabha) or 50 members (in the case of Rajya Sabha) is to be given to the Speaker/Chairman.
  • Speaker/Chairman may admit the motion or refuse to admit it.
  • On allowing Speaker/Chairman is to constitute a three member committee to investigate into the charges.
  • Committee should consist of
    • Chief justice or a judge of the Supreme Court
    • Chief justice of a high court
    • Distinguished Jurist
  • Once committee admit the charges the motion is passed by each House of Parliament by special majority, an address is presented to the president for removal of the judge and the president passes an order removing the judge.

Important Article

Article 124 : Establishment and Constitution of Supreme Court

Article 126 : Appointment of acting Chief Justice

Article 130 : Seat of Supreme Court

Article 131 : Original jurisdiction of the Supreme Court

Constitution Bench

• A Constitution Bench is a bench of the Supreme Court having five or more judges on it.
• Purpose : It is designed to resolve important legal issues involving a case’s constitutional interpretation.
• Article 143 : The minimum number of Judges who are to sit for the purpose of deciding any case involving a substantial question of law as to the interpretation of this Constitution or for the purpose of hearing any reference under article 143 shall be five.

When the Constitution Bench Set Up?

• For the purpose of deciding any case involving a substantial question of law as to the interpretation of this Constitution.
• When two or more three-judge benches of the Supreme Court have delivered conflicting judgments on the same point of law.
• When President of India has sought the Supreme Court’s opinion on a question of fact or law under Article 143 of the Constitution.
• Most of the landmark cases in which the court settled the law were decided by the Constitution Benches.
• Some such cases are AK Gopalan v. State of Madras, Kesavananda Bharati v. State of Kerala, etc.,

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