53rd Chief Justice of India

25.11.2025

53rd Chief Justice of India

Context
Justice Surya Kant took oath as the 53rd Chief Justice of India (CJI) on 24 November 2025, succeeding CJI B. R. Gavai. His tenure is set to last until 9 February 2027, making it one of the longer recent tenures for a CJI.

Office of the Chief Justice of India

• The CJI is the head of the Indian judiciary and the presiding judge of the Supreme Court of India.
• The position is constitutionally established under Article 124(1), which sets up the Supreme Court comprising the CJI and other judges.

Constitutional Provisions Associated

• Article 124(1): Establishes the Supreme Court of India and the office of the CJI.
• Article 124(2): Judges including the CJI are appointed by the President via a warrant, after consultation.
• Article 126: Provides for appointment of an Acting CJI if needed.
• Article 127: Allows appointment of ad hoc judges to the Supreme Court.
• Article 128: Permits retired Supreme Court judges to sit and act as judges of the Supreme Court.

Appointment Procedure

• By convention and seniority principle, the senior-most Supreme Court judge (by tenure) is considered for appointment as CJI, if found fit.
• About one month before the incumbent CJI’s retirement, he recommends the successor’s name to the Union Law Minister.
• The Law Minister forwards the recommendation to the Prime Minister, who advises the President.
• The President issues the appointment warrant under Article 124(2).
• The CJI then takes the oath of office before the President.
• The appointment system is formalized by the Memorandum of Procedure (MoP) 1999 to reduce arbitrariness and strengthen judicial independence.

Key Features

• Seniority-based and convention-driven, the system limits political discretion and enhances judicial autonomy.
• Though formally appointed by the executive (President), the judiciary—especially the outgoing CJI—plays a decisive consultative role.
• The position of CJI is linked to the collegium system, through which the CJI influences appointments of judges to the higher judiciary.

Significance of the CJI’s Role

• The CJI acts as the judicial head and master of the roster, deciding case priorities and bench compositions.
• As head of the collegium, the CJI has a crucial role in appointments and transfers of High Court and Supreme Court judges.
• The CJI leads benches that decide on key constitutional matters including federal disputes, fundamental rights, electoral issues, and the separation of powers