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CHIEF JUSTICE OF INDIA

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The Chief Justice of India (CJI) is the head of the judiciary of India and the Supreme Court of India. The CJI also heads their administrative functions.  In accordance with Article 145 of the Constitution of India and the Supreme Court Rules of Procedure of 1966, the Chief Justice allocates all work to the other judges who are bound to refer the matter back to him or her (for re-allocation) in any case where they require it to be looked into by a larger bench of more judges. The present CJI is Justice Dipak Misra and is the 45th CJI since January 1950, the year the Constitution came into effect and the Supreme Court came into being. He succeeded Justice Jagdish Singh Khehar on 28 August 2017 and will remain in office till 2 October 2018, the day he retires on turning 65 years in age.

How can Parliament impeach a judge, and a Chief Justice at that?

Just like all other constitutional positions, the Chief Justice of India can also be impeached provided the necessary steps as laid out in the Constitution are taken. This is not the first time impeachment has been mentioned in the same sentence as a sitting judge. Justice V. Ramaswami was the first judge against whom impeachment proceedings were initiated.

How will they go about it?

This is where the Constitution comes in. Article 124(4) of the Constitution of India states: “A Judge of the Supreme Court shall not be removed from his office except by an order of the President passed after an address by each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting has been presented to the President in the same session for such removal on the ground of proved misbehaviour or incapacity.”

How can Parliament impeach a judge, and a Chief Justice at that?

Just like all other constitutional positions, the Chief Justice of India can also be impeached provided the necessary steps as laid out in the Constitution are taken. This is not the first time impeachment has been mentioned in the same sentence as a sitting judge. Justice V. Ramaswami was the first judge against whom impeachment proceedings were initiated.

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