Justice T.S. Thakur has been appointed as the Chief Justice of India.
In a significant move signalling that seniority reigns supreme in the
highest judiciary following the revival of the Collegium, Chief Justice
of India H.L. Dattu had recommended the name of Justice Tirath Singh
Thakur as his successor.
Justice Thakur, who is the seniormost judge after the Chief Justice,
will take over after Chief Justice retires on December 2, 2015. It is a
convention that the present CJI recommends to the government the name of
his successor. After the Law Ministry clears his name, the file would
travel to the Prime Minister's Office and finally reach the President.
His Warrant of Appointment would be issued after the President gives his
approval.
Though considered a formal routine and a courtesy from the incumbent to
his successor, Chief Justice Dattu's recommendation this time gains
significance as it comes shortly after a five-judge Constitution Bench
on October 16 struck down the National Judicial Appointments Commission
law and restored the Collegium system of judicial appointments.
Had the NJAC law been upheld in whole by the Bench, it would have been
the six-member Commission, and not the CJI, who would have recommended
the next Chief Justice of India.
Again, Chief Justice Dattu's recommendation comes even as the five-judge
Bench led by Justice J.S.
Khehar is in the process hearing suggestions
to fix the eligibility criteria for judicial appointments in an effort
to make the Collegium transparent. The Bench has fixed November 5 to
debate and decide on the suggestions it received from various quarters
to better the Collegium style of functioning.
Justice Thakur, who is known for his patient, detailed and fair hearings
of cases, would be the 43rd Chief Justice of India. He would be in
office till January 4, 2017.
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