The seniority for appointment as the Chief Justice of India (CJI) is traditionally determined based on the date of appointment as a judge of the Supreme Court. The judge who has served the longest on the Supreme Court bench is usually considered the senior-most judge and is appointed as the CJI when the current Chief Justice retires. This convention of seniority-based elevation has been followed to maintain the independence and neutrality of the judiciary. However, this is not a constitutional or statutory requirement, and the President of India, who formally appoints the CJI under Article 124(2) of the Constitution, acts on the recommendation of the outgoing CJI. Although rare, deviation from this convention has occurred in India’s history (notably during the 1970s), leading to strong criticism and concerns about judicial independence. Therefore, while seniority remains the established convention, it is not legally binding, but is followed to ensure transparency and continuity in the functioning of the Supreme Court.
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