A writ petition filed by NLC before the Supreme Court seeking the appointment of Justice Chelameswar as the next Chief Justice of India has been dismissed
A writ petition filed by NLC before the Supreme Court seeking the appointment of Justice Chelameswar as the next Chief Justice of India has been dismissed as infructuous by Supreme Court today.
For those who missed the sequence of events, here is a brief recap of what happened:
On December 16, 2016, Courtroom no 5 witnessed a flurry of activity when Justice Ranjan Gogoi indicated that he would recuse himself from Item no 57 – the writ petition that sought Centre to consider representations to appoint Justice Chelameswar as India’s next Chief Justice. On Justice Gogoi’s recusal, the petitioner had mentioned this matter before CJI TS Thakur, who thereafter directed it to be listed before a Vacation Bench.
The matter came up today and it was dismissed as infructuous, as President Pranab Mukherjee has already issued a notification appointing Supreme Court Judge JS Khehar as the next Chief Justice of India.
Article 124 of the Constitution of India provides for the CJI’s appointment, stating that every Judge of the Supreme Court of India must be appointed by the President. However, it does not state that the Chief Justice of India should be the senior most Supreme Court judge.
Chief Justice of India T.S. Thakur will demit office on January 3, 2017. As per the latest notification, Justice Jagdish Singh Khehar, the senior most judge, will succeed CJI T.S.Thakur.