Oberster Richter Indiens
Vorlage:Use dmy dates Vorlage:Infobox official post Vorlage:Courts of India The Chief Justice of India (CJI) is the head of the judiciary of India[1] and the Supreme Court of India. The CJI also heads their administrative functions.
As head of the supreme court, the chief justice is responsible for the allocation of cases and appointment of constitutional benches which deal with important matters of law.[2] In accordance with Article 145 of the Constitution of India and the Supreme Court Rules of Procedure of 1966, the Chief Justice allocates all work to the other judges who are bound to refer the matter back to him or her (for re-allocation) in any case where they require it to be looked into by a larger bench of more judges.
On the administrative side, the Chief Justice carries out the following functions: maintenance of the roster; appointment of court officials and general and miscellaneous matters relating to the supervision and functioning of the Supreme Court.
It has been an unbroken convention for decades now, to appoint the senior-most judge of the supreme court as the CJI.[3]
The present CJI is Justice Dipak Misra and is the 45th CJI since January 1950, the year the Constitution came into effect and the supreme court came into being. He succeeded Justice Jagdish Singh Khehar on 28 August 2017 and will remain in office till 2 October 2018, the day he retires on turning 65 years in age.
Appointment
Article 124 of the Constitution of India provides for the manner of appointing judges to the Supreme Court. Though no specific provision exists in the Constitution for appointing the Chief Justice, who, as a result, is appointed like the other judges[4] conventionally, the outgoing CJI recommends the name of the senior-most judge (i.e. by date of appointment to the Supreme Court) for appointment by the President of India, as his successor.[5][6]
Removal
Article 124(4) of Constitution of India lays down the procedure for removal of a Judge of Supreme Court which is applicable to Chief Justice as well. Once appointed, the Chief Justice remains in the office until the age of 65 years. He can be removed only through a process of impeachment by Parliament as follows:
Acting President
The President (Discharge of Functions) Act, 1969 of India provides that the Chief Justice of India (CJI) shall act as the President of India in the event of the offices of both the President and the Vice President being vacant. When President Zakir Hussain died in office, the Vice President V. V. Giri, acted as the President. Later, Mr. Giri resigned as the Vice President. The CJI, Justice Mohammad Hidayatullah then became the acting President of India. The senior-most judge of the Supreme Court became the acting CJI. When the newly elected President took office a month later, Justice Hidayatullah reverted as the Chief Justice of India
List of Chief Justices of India
Remuneration
The Constitution of India gives the power of deciding remuneration as well as other conditions of service of the Chief Justice to the Parliament of India. Accordingly, such provisions have been laid down in The Supreme Court Judges (Salaries and Conditions of Service) Act, 1958.[7][8] This remuneration was revised in 2006-2008, after the sixth central pay commission's recommendation.[9]
References
External links
- ↑ R L, Justice (CJ, Orissa H. C.) Narasimham: Chief Justice Sinha - A Review of Some of His Decisions (page 5 of 8). In: Indian Law Institute.
- ↑ Namit Saxena: New Captain Of The Ship, Change In Sailing Rules Soon?, 23 December 2016. Abgerufen im 24 December 2016 (amerikanisches Englisch).
- ↑ Alok: How India missed getting its first woman Chief Justice India. In: Critical Twenties. 26. November 2010, abgerufen am 4. September 2016.
- ↑ Article 124, Constitution of India. Vakilno1.com, archiviert vom am 26. Dezember 2010; abgerufen am 11. Oktober 2012.
- ↑ J. Venkatesan: TS Thakur to succeed HL Dattu as new Chief Justice of India In: Asian Age, 4 November 2015. Abgerufen im 5 November 2015
- ↑ Seniority as the Norm to Appoint India's Chief Justice is a Dubious Convention. The WIre, abgerufen am 24. Dezember 2016.
- ↑ The High Court and Supreme Court Judges Salaries and Conditions of Service Amendment Bill 2008. PRS India
- ↑ Supreme Court Judges (Salaries and Conditions of Service) Act 1958. Ministry of Home Affairs, India, archiviert vom am 4. Januar 2011; abgerufen am 23. Juli 2012.
- ↑ http://www.prsindia.org/uploads/media/vikas_doc/docs/1241592662~~1230018357_The_High_Court_and_Supreme_Court_Judges__Salaries_and_Conditions_of_Service__Amendment_Bill__2008.pdf