The President of India appoints the Judges of the Supreme Court and the Chief Justice of India as per Article 124(2) of the Indian Constitution. This selection is done on the advice of the Union Law Minister to the PM of India, and then the Prime Minister advises the President.
In the Second Judges Case (1993), it was rules by the Supreme Court that the Chief Justice of India office must only be filled by the senior-most Supreme Court judge.
Dhananjaya Y Chandrachud has been appointed as the 50th Chief Justice of India.
Let us understand the appointment of Chief Justice of India better.
The Chief Justice of the Republic of India or the Chief Justice of India is the chief judge of the Supreme Court of India. The CJI is also the highest-ranking officer in the Indian federal judiciary.
The Indian Constitution nowhere lists the appointment process of the Chief Justice of India. However, as per Article 124(1) of the Indian Constitution, there shall be a Supreme Court of India, and it shall also consist of a Chief Justice of India.
In the Second Judges Case of 1993, the Supreme Court of India stated that the Chief Justice of India should be chosen only by the senior-most judge of the Supreme Court.
In the Third Judges Case (1998), the Supreme Court stated that the Chief Justice of India must consult with a plurality of judges.
The single opinion of the Chief Justice of India doesn’t define the consultation process. The CJI should consult a collegium of four senior most Supreme Court justices. Even in case two of them do not approve, the CJI should not be passing the idea on to the government.
Therefore, in the third judges case, the collegium system was created. Since the 1998, this collegium system has been in use in the Supreme Courts and the High Courts for the purpose of nominating and transferring judges.
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Source: vcmp.edu.vn