Question

Who among the following appoints the chief justice of the Supreme Court?
A.High court judges
B.Supreme court judges
C.Prime minister
D.President

Answer 1

Hint: Supreme Court consists of one Chief Justice and 25 other Judges. The number of judges can be increased by Parliament by law. The one who appoints the chief justice of the Supreme Court is the one who appoints most of the important offices of India.

Complete Step by Step answer:
The President appoints chief justices but he does not have a free hand in it. He does so in consultation with judges of the Supreme Court and High Court. The President appoints other judges on the advice of the Chief Justice. This device is adopted so that impartiality in the matter of appointments is maintained and the judges remain free from the influence of the executive in discharging their duties freely and fearlessly. It is an established custom to appoint senior-most justice as Chief Justice. The Judges of the Supreme Court serve till they attain the age of 65 years. They cannot do practice in any court of law after retirement and can resign of their own accord. The Chief Justice of India and other judges have to take an oath of allegiance before assuming their offices before the President or any other official appointed by him. In their oath or affirmation declare that they shall have genuine faith and allegiance to the Constitution of India.

Now let us examine the options:
Option A - High Court Judges cannot appoint the Chief Justice of the Supreme Court. This is so because the Supreme Court is at the apex of the Judicial system and the High Court comes after the Supreme Court at the State level.
Option B - Supreme Court Judges have no right to appoint the Chief justice of the Supreme Court and such a provision is not mentioned in the Constitution. Although it can advise the President on matters relating to the appointment of the Chief Justice of India.
Option C - Prime Minister cannot appoint the Chief Justice of the Supreme Court and such a provision is not mentioned in the Constitution.
Option D - The constitution states that the Chief Justice of the Supreme Court can only be appointed by the President on the recommendation of the outgoing Chief Justice of India and other judges of the court. Such a provision is backed by Article 124 of the Indian Constitution.

Thus, the correct answer is option (D).

Note: National Capital of India, Delhi is the seat of the Supreme Court but on the advice of the President, the Chief Justice can hold it anywhere in India.