Chief Justice of India S.H. Kapadia, who retires this month, has recommended the name of seniormost Supreme Court judge Justice Altamas Kabir as his successor, setting in motion the process of change of guard in the apex court.
Sources in the Law Ministry said Justice Kapadia, due to retire on September 28, recommended the name of Justice Kabir (64) recently.
As per 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 seniormost Judge of the Supreme Court considered fit to hold the office.”
It stipulates that the Law Minister would, at the appropriate time, seek the recommendation of the outgoing Chief Justice of India for the appointment of the next CJI.
Under this process, after receipt of the recommendation of the CJI, the Law Minister puts it before the Prime Minister who advises the President in the matter of appointment.
Justice Kabir, who was elevated to the Supreme Court in September, 2005, would retire on July 18, 2013 after attaining the age of 65.
@ atma gandhi- The seniority is infact the experience in the SC. There is no other SC judge with more experience as a SC judge than Justice Kabir.
Seniority ought to be based on experience in supreme court and not
age. It seems wrong that a person with just 7 years of experience in
SC would be CJI and demoralising for other judges serving SC for
longer periods. Appointment process seems seriously flawed.
Good choice , your lordship.
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