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NEW DELHI: Justice DY Chandrachud, after assuming office of the CJI on November 9, will preside over a 6-member collegium instead of the usual 5-member one. At present, there are four vacancies in the sanctioned strength of 34 SC judges, including the CJI. However, the collegium led by CJI Lalit on September 26 had recommended to the Centre to appoint Bombay HC CJ Dipankar Datta as a judge in the SC. The warrant of appointment is likely to be issued soon.
When Justice Chandrachud becomes CJI, his collegium would include Justices Sanjay K Kaul, S Abdul Nazir, K M Joseph and M R Shah. None of the four members would succeed Justice Chandrachud as CJI. As per the 1998 ‘Third Judges’ case decision, Justice Chandrachud would have to include Justice Sanjiv Khanna, who will be succeeding him as CJI on November 11, 2024, as a member of collegium to increase its strength to six, including the CJI. In the 1998 judgment, the SC had said, “Having regard to the terms of Article 124(2), as analysed in the majority judgment in the Second Judges case, as also the precedent set by the then Chief Justice of India, as set out earlier, and having regard to the objective aforestated, we think it is desirable that the collegium should consist of the Chief Justice of India and the four seniormost puisne judges of SC.”
“Ordinarily, one of the four seniormost puisne judges of the Supreme Court would succeed the Chief Justice of India, but if the situation should be such that the successor Chief Justice is not one of the four senior-most puisne judges, he must invariably be made part of the collegium. The judges to be appointed will function during his term and it is but right that he should have a hand in their selection,” the SC had ruled.
The collegium headed by Justice Chandrachud, who will have a two-year tenure as CJI till November 10, 2024, appoint as many as 17 judges to the SC, that is half of the sanctioned strength of the highest court.
When Justice Chandrachud becomes CJI, his collegium would include Justices Sanjay K Kaul, S Abdul Nazir, K M Joseph and M R Shah. None of the four members would succeed Justice Chandrachud as CJI. As per the 1998 ‘Third Judges’ case decision, Justice Chandrachud would have to include Justice Sanjiv Khanna, who will be succeeding him as CJI on November 11, 2024, as a member of collegium to increase its strength to six, including the CJI. In the 1998 judgment, the SC had said, “Having regard to the terms of Article 124(2), as analysed in the majority judgment in the Second Judges case, as also the precedent set by the then Chief Justice of India, as set out earlier, and having regard to the objective aforestated, we think it is desirable that the collegium should consist of the Chief Justice of India and the four seniormost puisne judges of SC.”
“Ordinarily, one of the four seniormost puisne judges of the Supreme Court would succeed the Chief Justice of India, but if the situation should be such that the successor Chief Justice is not one of the four senior-most puisne judges, he must invariably be made part of the collegium. The judges to be appointed will function during his term and it is but right that he should have a hand in their selection,” the SC had ruled.
The collegium headed by Justice Chandrachud, who will have a two-year tenure as CJI till November 10, 2024, appoint as many as 17 judges to the SC, that is half of the sanctioned strength of the highest court.
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