Chiefjusticenominates Gogoi as his successor

RECOMMENDATION comes months after he was part of a revolt against the CJI NEWDELHI:

Putting to rest all speculation, Chief Justice of India Dipak Misra Tuesday recommended to the Centre that Justice Ranjan Gogoi be his successor, eight months after he was part of a revolt against the country’s top judge.

Despite the differences, Misra stuck to convention and recommended Gogoi, the senior-most judge in the Supreme Court after the CJI. If confirmed by the Centre, considered a formality, Gogoi will be sworn in on October 3, a day after Misra retires.

Highly placed sources said the letter by Misra has been sent by the office of the CJI to the Ministry of Law and Justice for necessary action.

Gogoi will have a tenure of little over a year. His term is due to end on November 17 next year when he attains the age of 65.

Misra’s recommendation is in line with the tradition that the senior-most apex court judge succeeds the incumbent CJI on his retirement.

Speculation over Misra’s recommendation on the next CJI arose after the court’s four most senior judges-- Justices J Chelameswar (since retired), Gogoi, Madan B Lokur and Kurian The National Register of Citizens case Began his legal career as an advocate in the Gauhati High court in 1978

Appointed a judge in Gauhati HC in 2001 Elevated to SC in 2012 from the Punjab and Haryana HC where he was chief justice for a year In 2016, he issued contempt notice against retired SC judge Markandey Katju for remarks on a ruling In January this year, justice Gogoi and three other senior judges held an unprecedented press conference and criticised the working of the top court

Lokpal appointment case

Joseph, had called an unprecedented press conference in Delhi on January 12 this year and criticised him on several issues, especially the manner of allocation of cases to certain benches.

The recommendation came after Law Minister Ravi Shankar Prasad recently asked Misra to recommend his successor, setting in motion the process of a change of guard at the apex court.

Gogoi, who is set to become the 46th CJI, was elevated to the

Quashed UP government notification allowing former CMs to bungalows

Laid down guidelines for designation of senior advocates

apex court on April 23, 2012. He has been part of several key verdicts and is presently seized of sensitive cases including the finalisation of National Register of Citizens (NRC) in Assam and the PIL seeking appointment of a search committee members to select Lokpal.

According to the Memorandum of Procedure, which governs the appointment of members of the higher judiciary, “appointment to the office of the Chief Justice of India should be of the senior-most judge of the Supreme Court considered fit to hold the office”.

It stipulates that the law minister will, at an appropriate time, seek the recommendation of the outgoing chief justice of India for the appointment of his successor.

Under this process, after receiving the CJI’s recommendation, the law minister puts it before the prime minister who advises the President on the matter.

“Whenever there is any doubt about the fitness of the seniormost Judge to hold the office of the Chief Justice of India, consultation with other Judges...would be made for appointment of the next Chief Justice of India,” the document states.

The law minister recently said the government’s intention on the appointment of the next chief justice of India should not be questioned. He had also said the Executive will take a call when the incumbent names the seniormost judge of the Supreme Court as his successor as per convention.

Gogoi was part of a five-judge Constitution bench which, by a majority of 3:2, had dismissed the plea of P A Sangma challenging the election of Pranab Mukher-