Govt begins process to appoint new chief justice of India as incumbent B R Gavai demits office on November 23

The government on Thursday initiated the process to appoint the next chief justice of India as incumbent B R Gavai demits office on 23 November, sources told PTI.

The letter asking Justice Gavai to name his successor is set to be delivered either this evening or on Friday, people aware of the procedure to appoint Supreme Court and high court judges told PTI.

According to the memorandum of procedure, a set of documents that guides the appointment, transfer, and elevation of SC and HC judges, the seniormost judge of the Supreme Court, considered fit to hold the office, should be appointed to the office of the Chief Justice of India.

The Union law minister would, “at the appropriate time”, seek the recommendation of the outgoing Chief Justice of India for the appointment of his successor.

Traditionally, the recommendation letter for the next CJI is sent about a month before the incumbent retires upon reaching the age of 65.

Justice Surya Kant, currently the seniormost judge after the CJI, is next in line to assume the top position in the Indian judiciary. Once appointed, he will take charge as the CJI on 24 November and is expected to serve a tenure of nearly 15 months, until 9 February 2027.

SC to hear contempt plea against man who hurled shoe towards CJI

Meanwhile, the Supreme Court is set to hear a petition on 27 October seeking contempt action against advocate Rakesh Kishore, who threw a shoe at Chief Justice of India B R Gavai during court proceedings earlier this month, PTI reported.

According to the court's cause list for 27 October, the plea filed by the Supreme Court Bar Association (SCBA) will be heard by a bench comprising Justices Surya Kant and Joymalya Bagchi.

On 6 October, in a serious security breach, 71-year-old Kishore hurled a shoe at the CJI inside the courtroom. In response, the Bar Council of India immediately suspended his licence.

Despite the attack, the CJI remained composed, instructing court officials and security personnel to “just ignore” the incident and let the lawyer off with a warning.

The incident sparked widespread condemnation from different sections of society, with Prime Minister Narendra Modi speaking to the CJI and calling the attack “reprehensible”.

On 16 October, Solicitor General Tushar Mehta and senior advocate Vikas Singh, who is also the president of the SCBA, sought an urgent listing of the plea for contempt action against Kishore.

Mehta informed the bench that Attorney General R Venkataramani had granted his consent to initiate criminal contempt action against the lawyer because it was a question of institutional integrity.

The right to speech and expression cannot be exercised at the cost of others' dignity and integrity, the apex court had said then.

The court had, on 16 October, indicated that the matter might be listed after the Diwali break.

FAQs
What is the term of the Chief Justice of India?

The term for the Chief Justice of India is until they reach the age of 65, rather than a fixed number of years.

Who appoints the Chief Justice of India?

A new chief justice is appointed by the president of India with recommendations by the outgoing chief justice in consultation with other judges.

(With inputs from PTI)