The appointment of the Chief Justice of India (CJI) and the associated powers and functions of the position are critical aspects of India’s judicial system, governed by custom and convention due to the absence of specific constitutional provisions.

Appointment Process of the Chief Justice of India

The Chief Justice of India is appointed by the President of India under Article 124(2) of the Constitution. However, the Constitution does not specify detailed criteria or procedures for this appointment. Instead, the process is based on well-established conventions and judicial pronouncements.

1. Seniority Principle: Traditionally, the senior-most judge of the Supreme Court is appointed as the Chief Justice of India. This principle was affirmed by the Supreme Court in the Second Judges Case (1993), which emphasized that the CJI should be the senior-most judge in terms of tenure at the Supreme Court.
2. Collegium System: The Third Judges Case (1998) further refined the consultation process, establishing the Collegium system. This system mandates that the outgoing CJI consult with the four senior-most judges of the Supreme Court before recommending a successor. If two of the four judges disagree with the recommendation, it should not be forwarded to the government.
3. Role of the Union Law Minister and Prime Minister: The recommendation made by the CJI is forwarded by the Union Law Minister to the Prime Minister, who then advises the President on the appointment.

Powers and Functions of the Chief Justice of India

The Chief Justice of India holds significant powers and responsibilities, both administrative and judicial:

1. Master of the Roster: The CJI is responsible for allocating cases to different benches of the Supreme Court. This role is crucial in ensuring the efficient functioning of the Court and handling of cases.
2. Appointment of Constitutional Benches: The CJI constitutes benches to hear important constitutional matters. Article 145 of the Constitution grants the CJI the authority to assign relevant subjects to the appropriate bench.
3. Administrative Powers: The CJI has the authority to appoint court officials and manage the administration of the Supreme Court.
4. Oath of Office: The CJI administers the oath of office to the President of India and, in the absence of the President and Vice President, can discharge the functions of the President.
5. Advisory Role: The CJI can advise the government on legal and constitutional matters. This advisory capacity is pivotal in maintaining the balance of power between the judiciary and the executive.
6. Judicial Functions: The Supreme Court, under the leadership of the CJI, interprets constitutional provisions, thereby shaping the law of the land. The CJI's opinion and direction in such matters are highly influential.

Conclusion

The appointment of the Chief Justice of India, guided by convention and the Collegium system, reflects the judiciary's autonomy and the need for a stable and independent judicial leadership. The powers and functions of the CJI are extensive, encompassing both administrative and judicial responsibilities that ensure the effective functioning of the Supreme Court. Despite occasional controversies, the position of the CJI remains central to upholding the rule of law and protecting civil liberties in India. The judiciary's independence, safeguarded by these conventions, is vital for maintaining the balance of power in a democratic society.