Law Minister Shri Ravi Shankar Prasad Asks CJI SA Bobde To Recommend His Successor
The Hon'ble Union Law Minister Shri Ravi Shankar Prasad is learnt to have asked Chief Justice of India (CJI) SA Bobde to recommend the name of his successor, sources have confirmed. This has led to setting in motion the process of change of guard in the Supreme Court.
Chief Justice of India SA Bobde is set to retire on April 23, 2021. On 18 November 2019, Chief Justice Bobde succeeded CJI Ranjan Gogoi and became the 47th Chief Justice of India. Chief Justice Bobde practiced in the Bombay High Court and Supreme Court for over 21 years. In 1998, he was designated as a Senior Advocate.
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".
It stipulates that the Law Minister would, at an appropriate time, seek the recommendation of the outgoing Chief Justice of India for the appointment of the next CJI.
Under this process, after receipt of the recommendation of the CJI, the Law Minister puts it before the Prime Minister who advises the President in the matter of appointment.
In case there is any doubt about the fitness of the senior-most Judge to hold the office of the CJI, consultation is to be done with other Judges for the said appointment.
So far as the appointment of the Chief Justice of India is concerned, the convention is clear that the sitting chief justice names the senior-most judge (of the top court) as his successor.
It has been observed in All India Judges Association vs Union of India, that the Sitting CJI himself recommends the name of his successor one month prior to his retirement.
Going by the custom, Justice NV Ramana is the senior-most judge in the top court after the CJI. Born on August 27, 1957, justice Ramana has tenure till August 26, 2022 and it seems very clear that he is ought to be appointed as next CJI.