Will go by book on next CJI, don’t question intent: Prasad

Mukesh Ranjan

Tribune News Service

New Delhi, June 18

Asserting that the intent of the government should not be questioned on the issue of appointment of the next Chief Justice of India (CJI), Union Law Minister Ravi Shankar Prasad on Monday said the Centre would follow the convention. 

“As and when the incumbent names the seniormost judge of the Supreme Court as his successor, the executive will take a call,” the minister said at a press conference to highlight his ministry’s achievements in the last four years. 

He was asked whether the government will follow the laid-down conventions to appoint Justice Ranjan Gogoi as the Chief Justice when incumbent Dipak Misra demits office on October 2.

“The question is imaginary... as far as the appointment of the CJI is concerned, the convention is clear... the sitting Chief Justice names the seniormost judge as his successor. When the name comes to us, we will discuss it,” Prasad said, adding that no one had the right “to question our intention”.

Speculation surrounding Justice Gogoi’s appointment emerged following the press conference of four seniormost judges in January when they had criticised CJI Misra.

The Memorandum of Procedure, which stipulates the guidelines on the appointment and transfer of judges of the apex court and the 24 High Courts, says: “Appointment to the office of the CJI should be of the seniormost judge considered fit to hold the office.” It adds, “Whenever there is any doubt about the fitness of the seniormost judge to hold the office of the CJI, consultation with other judges... would be made.”