NEW DELHI: Outgoing Chief Justice Dipak Misra, who retires on October 2, is all set to put in motion to recommended Justice Ranjan Gogoi as his successor later this week, sources said.
As per the Memorandum of Procedure which governs the appointment of members of the higher judiciary, appointment to the office of the Chief Justice of India should be of the senior-most judge of the Supreme Court considered fit to hold the office. Justice Ranjan Gogoi is the seniormost judge of the apex court after the Justice Misra.
It also stipulates that the law minister would, at an appropriate time, seek the recommendation of the outgoing Chief Justice for the appointment of his successor. Under this process, after receipt of the recommendation of the CJI, the minister puts it before the Prme Minister, who advises the President about the same.“Whenever there is any doubt about the fitness of the senior-most judge to hold the office of the Chief Justice of India, consultation with other judges...would be done for appointment of the next Chief Justice,” the document states.
Speculations over Gogoi’s appointment as the next CJI started following an unprecedented Press conference by four senior-most judges in January this year when they had criticised Justice Misra over various issues, especially the manner of allocation of cases to certain benches. Justices J Chelameswar, Madan B Lokur and Kurian Joseph were among the judges who addressed the Press conference, perhaps a first in the history of Indian judiciary.The law minister had recently said that the government’s intention on the appointment of the next Chief Justice of India should not be questioned.
Judgments before he hangs up his boots Legality of Aadhaar
Whether to refer to a larger bench the issue of mosques being essential to Islam
Legality of curbs on women of certain ages entering the Sabarimala temple in Kerala
Legality of adultery laws
Validity of Section 377 which criminalises gay sex