Prelims – Indian polity and Governance
Mains (GS II) – Polity | organization and functioning of the Executive and the Judiciary
Why in News?
Chief Justice of India Sanjiv Khanna recently wrote to the Union Law Ministry, naming Justice B R Gavai, the 2nd -most senior judge of the Supreme Court, as his successor.
Justice B R Gavai
- Born in - Amravati in Maharashtra.
- Joined the Bar on - March 16, 1985, and worked with Raja S Bhonsale, former Advocate General and judge of the Bombay High Court, till 1987.
- He served as Additional Judge of the Bombay High Court on November 14, 2003, and became a permanent Judge of the High Court on November 12, 2005.
- Elevated as a judge of the Supreme Court on May 24, 2019.
- Landmark Rulings
- Supporting demonetization of currency notes of Rs 500 and Rs 1,000.
- Allows sub-categorization of scheduled castes, extending the creamy layer principle to Scheduled Castes (SCs) and Scheduled Tribes (STs) to achieve real equality.
- Upheld the Centre’s decision to abrogate Article 370, which gave special status to the erstwhile state of Jammu and Kashmir.
- Struck down the Electoral Bonds Scheme.
- Criticized the use of bulldozers against properties of crime accused, and ruled that demolition of properties of citizens without following due process is contrary to the rule of law.
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Chief Justice of India (CJI)
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- Appointment - The President appoints the CJI under Article 124(2) of the Constitution.
- He is appointed based on a recommendation from the Supreme Court Collegium.
- The collegium system was established through judgments of the Supreme Court, particularly the Second Judges Case in 1993.
- Collegium - The collegium consists of the CJI and 4 senior-most judges of the Supreme Court.
- As per the convention, the senior most judge of Supreme court will be chosen as CJI.
- The seniority is measured by the length of service on the Supreme Court.
- Qualification - Must be a citizen of India.
- Must have served as a judge in a High Court for at least five years or
- Must have practiced as an advocate in a High Court for at least ten years or
- He can be someone deemed as a distinguished jurist by the President.
- Removed by - The President only after Parliament presents an address, supported by a special majority in both Houses (a majority of total members and at least two-thirds of those present and voting).
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Reference
The Indian Express | Chief Justice of India
