The Chief Justice of India: Powers, Responsibilities, and Constitutional Significance
The role of the Chief Justice of India is crucial for UPSC GS Paper 2 (Polity, Governance, Constitution) and Essay and Prelims sections on constitutional authorities. Key focus areas include the Collegium System, Judicial Review, and Separation of Powers. Knowledge of current CJIs and ongoing judicial reforms is often tested to assess awareness of institutional dynamics.
Introduction
The Chief Justice of India (CJI) stands as the head of the judicial system and the supreme interpreter of the Constitution. As the chief judge of the Supreme Court and the highest judicial authority in India, the CJI plays a vital role in safeguarding justice, independence, and constitutional governance. The position, defined under Articles 124–147 of the Constitution, exemplifies the Judiciary’s responsibility to act as the guardian of fundamental rights and maintain the delicate balance of power envisaged under the doctrine of separation of powers.
Appointment and Tenure
The appointment of the Chief Justice of India is governed by Article 124(2) of the Constitution. The process begins when the Union Law Minister seeks a recommendation from the outgoing CJI for their successor. As per long-standing convention, the senior-most judge of the Supreme Court considered fit to hold the office is recommended. The recommendation is sent to the Prime Minister, who advises the President of India to make the appointment.
Key Provisions
- Eligibility: The appointee must be an Indian citizen, and either have served as a High Court judge for at least five years, practiced as an advocate in a High Court for at least ten years, or be deemed a distinguished jurist by the President.
- Tenure: The CJI serves until the age of 65 years and may resign or be removed through the same process as a Supreme Court judge.
- Oath of Office: Administered by the President, the oath binds the CJI to “uphold the Constitution and the laws.”
This system ensures continuity, stability, and respect for judicial seniority, though it has sparked debates about merit-based appointments. Notably, in India’s judicial history, the seniority rule was breached twice—in 1973 and 1977—provoking controversy over judicial independence.
Powers and Functions of the CJI
Judicial Powers
As Master of the Roster, the CJI allocates cases, forms benches, and assigns matters to judges. They head Constitutional Benches that interpret fundamental constitutional questions, directly influencing India’s legal landscape. The CJI’s judicial supervision ensures uniformity in legal decisions, consistency in constitutional interpretation, and procedural fairness.
Administrative Powers
- Oversees the functioning of the Supreme Court and serves as the highest administrative authority of India’s judiciary.
- Supervises the appointment and transfer of judges, administrative staffing, and resource allocation.
- Acts as the de facto head of the Indian legal education system, also functioning as the Chancellor of National Law Schools such as NLSIU and WBNUJS.
- Heads committees that monitor judicial infrastructure and e-court programs to ensure efficiency.
Advisory and Constitutional Role
The CJI advises the President and the government on matters concerning the appointment and transfer of judges of the Supreme Court and High Courts. As part of Constitutional Benches, the CJI leads deliberations on issues such as constitutional amendments, separation of powers, and basic structure. This role cements their position as both the guardian and moral conscience of the Constitution.
Role in Judicial Appointments – The Collegium System
The Collegium System empowers the CJI and senior judges to recommend judicial appointments and transfers. It evolved through three historic judgments known as the Three Judges Cases—1981 (S.P. Gupta v. Union of India), 1993 (Supreme Court Advocates-on-Record Association v. Union of India), and 1998 (Re Presidential Reference).
- The CJI chairs the five-member Collegium, which includes the four senior-most Supreme Court judges.
- The Collegium recommends appointments to the Supreme Court, High Courts, and transfers of judges.
- Decisions are made collaboratively but require unanimity or majority agreement.
Despite enhancing judicial independence, this system has been criticized for lack of transparency and absence of accountability. The 2015 NJAC judgment struck down Parliament’s attempt to replace the Collegium with the National Judicial Appointments Commission, reiterating judicial primacy.
CJI and Landmark Judgments
The Chief Justice’s leadership profoundly influences constitutional jurisprudence. Notable judgments delivered under various CJIs include:
- Kesavananda Bharati v. State of Kerala (1973): Established the basic structure doctrine, preventing Parliament from altering the Constitution’s core.
- ADM Jabalpur (1976) overturned in later rulings affirmed judicial supremacy and constitutional liberty.
- Right to Privacy case (2017): A nine-judge bench headed by CJI J.S. Khehar declared privacy a fundamental right under Article 21.
- Sabarimala case (2018): CJI Dipak Misra’s bench upheld gender equality and constitutional morality.
- Ayodhya judgment (2019): CJI Ranjan Gogoi’s bench delivered a historic verdict upholding secular reconciliation.
These judgments reinforce the judiciary’s role as a defender of rights and upholder of constitutional dignity.
Challenges and Issues
The office of the CJI faces several modern challenges:
- Judicial Pendency: Over 4 crore cases pending nationwide strain judicial capacity.
- Transparency in Collegium Decisions: Criticisms persist regarding opaque appointment processes.
- Judicial Overreach: Balancing activism with restraint remains a delicate challenge.
- Political Pressures: Maintaining judicial independence amidst political scrutiny.
- Workload and Administrative Burden: The dual role of judge and administrator challenges efficiency and focus.
Recent Developments
Under recent CJIs like Justice D.Y. Chandrachud (2022–2025) and now Justice Bhushan Ramkrishna Gavai (since May 2025), the judiciary has emphasized modernization through:
- Digital Judiciary & E-Courts: Expansion of virtual hearings, AI-driven translations, and online case tracking.
- Inclusivity in Bench Representation: Encouraging gender and regional diversity.
- Transparency Reform: Publishing Collegium resolutions online.
- Ease of Access to Justice: Strengthened legal aid and fast-track initiatives for marginalized groups.
These developments underline the judiciary’s evolution toward responsiveness and citizen-centric governance.
Conclusion
The Chief Justice of India embodies the nation’s judicial conscience and constitutional morality. As the head of the Supreme Court and protector of citizens’ rights, the CJI ensures justice remains accessible and impartial. In the words of Justice D.Y. Chandrachud, “The CJI is not a position of power, but one of trust.” The Chief Justice’s true legacy lies in defending the Constitution, upholding democracy, and ensuring that the Judiciary remains the last bastion of public faith and constitutional order.
Frequently Asked Questions (FAQs)
Q1: Who appoints the Chief Justice of India?
The President of India appoints the Chief Justice of India under Article 124(2) of the Constitution, following the recommendation of the outgoing Chief Justice and the seniority convention within the Supreme Court.
Q2: What are the qualifications to become the Chief Justice of India?
A person must be an Indian citizen, have been a High Court judge for at least five years, or an advocate of a High Court for at least ten years, or be a distinguished jurist in the President’s opinion.
Q3: What is the tenure of the Chief Justice of India?
There is no fixed tenure. The CJI serves until reaching the age of 65 years unless they resign or are removed through the parliamentary impeachment procedure for “proven misbehavior or incapacity”.
Q4: What are the major powers of the Chief Justice of India?
The CJI acts as the “Master of the Roster”, allocates cases, constitutes benches, heads both judicial and administrative matters, chairs the Collegium System, and advises the President and government on judicial appointments and policy.
Q5: What is the role of the Chief Justice in the Collegium System?
The CJI heads the five-member Supreme Court Collegium, which recommends appointments and transfers of judges to the Supreme Court and High Courts. This was instituted through the Three Judges Cases (1981, 1993, 1998).
Q6: Who is the current Chief Justice of India (2025)?
As of May 2025, Justice Bhushan Ramkrishna Gavai serves as the 52nd Chief Justice of India, succeeding Justice D.Y. Chandrachud. He is the first Buddhist and the second Dalit CJI, signifying greater diversity in the Indian judiciary.
Q7: Can the Chief Justice of India be removed?
Yes. The CJI can only be removed through impeachment by Parliament, supported by a special majority in both Houses — for proven misbehavior or incapacity, as per Article 124(4).
Q8: Why is the Chief Justice of India called the “guardian of the Constitution”?
Because the CJI ensures judicial independence, upholds fundamental rights, and interprets the Constitution to maintain the separation of powers and constitutional morality.
