The government's intention on the appointment of the next Chief Justice of India (CJI) should not be questioned, Law Minister Ravi Shankar Prasad said today, noting that when the incumbent names the senior-most judge of the Supreme Court as his successor as per convention, the executive will take a call.
He was responding to a question on whether the government will follow the laid-down conventions and procedures to appoint Justice Ranjan Gogoi as the next Chief Justice when incumbent Dipak Misra demits office on October 2.
"The question is imaginary...as far as the appointment of the Chief Justice of India is concerned, the convention is clear...the sitting chief justice names the senior-most judge (of the top court) as his successor. When the name comes to us, we will discuss it," he told a press conference held to highlight the achievements of the Law Ministry in the past four years.
He also said that no one had the "right to question our intention".
Speculations surrounding Justice Gogoi's appointment as the next CJI emerged following the unprecedented press conference of four most-senior judges in January this year when they had criticised Justice Misra over various issues, especially the manner of allocation of cases to certain benches.
Justices J Chelameswar, Ranjan Gogoi, Madan B Lokur and Kurian Joseph addressed the unprecedented press conference, perhaps a first in the history of Indian judiciary.
According to the memorandum of procedure, a document which guides the appointment and transfer of judges of the apex court and the 24 high courts, "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."
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