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Consider the following statements.
1. The Constitution of India prescribed that the senior-most judge of the Supreme Court shall be appointed as the Chief Justice of India.
2. The Chief Justice of India shall be consulted by the president while appointing Judges to the High Courts.
Which of the above statements is/are correct?
1
2
1 and 2
none
As far as the appointment of the Chief Justice of India (CJI) is concerned, over the years, a convention had developed whereby the senior-most judge of the Supreme Court was appointed as the Chief Justice of India. This convention was however broken twice. In 1973 A. N. Ray was appointed as CJI superseding three senior Judges. Again, Justice M.H. Beg was appointed superseding Justice H.R. Khanna (1975). The other Judges of the Supreme Court and the High Court are appointed by the President after ‘consulting’ the CJI. This, in effect, meant that the final decisions in matters of appointment rested with the Council of Ministers.
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