Union government asks Chief Justice of India (CJI) to recommend a successor

Posted 24 Oct 2025

2 min read

Article Summary

The Union government requests the CJI to recommend a successor, highlighting the appointment process, Collegium system, and ongoing concerns over transparency, accountability, and judicial reforms in India.

The Memorandum of Procedure (MoP) provides the guidelines for appointing the CJI & other Supreme Court (SC) judges.

CJI of and other SC judges are appointed by the President under Article 124(2) of the Constitution.

How CJI and SC Judges are appointed?

Appointment of CJI
- Seniority Principle: Conventionally, the senior-most judge of the Supreme Court is elevated as the CJI.
- Government Initiatives Process: Union government asks the current CJI to recommend a successor, usually about a month before retirement.
- Recommendation by CJI: The CJI sends a formal recommendation to the Ministry of Law, naming the senior-most eligible judge.
- Approval & Appointment: After PM’s approval, the President issues the warrant of appointment.
Appointment of Other Judges
- Other SC judges are appointed by the President, based on recommendations of the Collegium consists of CJI and four other senior-most judges of the SC.
  - High Court Judges: Appointed by the President under Article 217, based on recommendations of the Collegium (CJI and two senior-most SC judges).
- Collegium System evolved through the Three Judges Cases (1981, 1993, & 1998).

Concerns Related to Judicial Appointments/ Collegium System

Lack of Transparency: Deliberations are confidential; reasons for appointments rarely disclosed.
Accountability: No formal mechanism to review Collegium decisions.
Limited Executive Role: Concentration of power within the judiciary.

99th Constitutional Amendment & NJAC Act (2014)

Attempted to reform judicial appointments through the National Judicial Appointments Commission (NJAC).
Struck down by the Supreme Court in 2015 (4^th judge case), retaining the Collegium system.