The next CJI Justice DY Chandrachud, unlike many of his predecessors, is likely to head a 6-member collegium. Traditionally, the Supreme Court Collegium consists of five-members, which is headed by the incumbent CJI and comprises the four other seniormost judges of the court at the time. With the appointment of DY Chandrachud, the collegium would be a little different.
Every Collegium must have a judge who would go on to succeed as the next CJI. In case of the collegium that is to be headed by Justice Chandrachud, the 5-member collegium would not have a successor to the Chief Justice until the retirement of Justice MR Shah on May 15, 2023. This would in-turn mean that the collegium would not consist of anyone that could be the successor Chief Justice for a six-month plus period.
Justice Chandrachud’s collegium would include Justices Sanjay K Kaul, S Abdul Nazir, KM Joseph and MR Shah, none of whom would succeed Justice Chandrachud as CJI.
In order to resolve this gap, the collegium headed by Justice Chandrachud that will begin on November 9, 2022 and go on till May 15, 2023, would officially have six members after the inclusion of Justice Sanjiv Khanna who would succeed Justice Chandrachud as the next CJI. Justice Khana would be succeeding Justice Chadrachud as the CJI on November 11, 2024.
Justice Chandrachud would become the 50th CJI in November after his predecessor Chief Justice Lalit retires on November 8, 2022. Justice Chandrachud is son of former Supreme Court judge Y.V. Chandrachud who was the longest serving CJI for being in office for about seven years and four months between 1978 to 1985. During his tenure, Justice D.Y. Chandrachud overturned two judgments of his father – which were related to adultery and the right to privacy.
The Centre, as per Memorandum of Procedure, asks the outgoing CJI to name the successor, just before a month of retirement. Law Minister Kiren Rijiju, on October 7, sent a letter to the Chief Justice Lalit to make recommendation for appointment of his successor.
Read all the Latest News India and Breaking News here
Comments
0 comment