Chief Justice of India (CJI) Dipak Misra on Tueday, September 4, sent a letter to the Ministry of Law and Justice officially endorsing and recommending the name of Justice Ranjan Gogoi as the next and 46th chief justice of India.
CJI Misra, who assumed office on August 28 last year, retires on October 2.
Justice Gogoi, pending the central government’s approval and a notification from the Rashtrapati Bhavan, will take oath as the next chief justice on October 3. He will have a tenure of 13 months till November 17, 2019.
In recommending Justice Gogoi’s name, CJI Misra has stuck to the convention of recommending the senior most Supreme Court judge as his successor.
Justice Gogoi would be the first CJI from the north-east region of the country. He is the son of Keshab Chandra Gogoi, a former Assam chief minister under the Indian National Congress regime 1982.
Justice Gogoi, who was elevated to the Supreme Court in April 2012 after a tenure as the Chief Justice of Punjab and Haryana High Court, is 63 years old and a native of Assam.
There was some speculation that Justice Gogoi could be superseded after he and three other senior judges of the court — Jasti Chelameswar (now retired), Madan B Lokur and Kurian Joseph — held an unprecedented press conference on 12 January.
The four had highlighted the trust deficit between CJI Misra and his brother judges and accused the Centre of making attempts to curb the independence of the judiciary. They had also pointed out that CJI Misra was taking away politically-sensitive cases from senior judges and assigning them to junior ones.
In the end, this did not come in the way of CJI Dipak Misra adhering to the norm.
As per the Memorandum of Procedure (MoP) governing the appointment of the CJI, the Law Minister asks the outgoing Chief Justice of India to recommend the next CJI.
Union Law Minister Ravi Shankar Prasad had written to the incumbent CJI Dipak Misra to recommend the name of his successor last week.
As per convention, the recommendation letter from the incumbent is sent at least a month before his date of retirement. Convention also requires the senior most judge of the Supreme Court be appointed Chief Justice of India.
The recommendation letter of the incumbent is the first step in the process of appointment of the next Chief Justice of India.
Justice Gogoi, who has made a reputation for speaking his mind, had just a few months ago described “independent journalists and sometimes noisy judges” as democracy’s first line of defence.
In this lecture, he had also suggested that the judiciary should “certainly be more pro-active, more on the front foot”.
“I will even go ahead to say that the institution, at all levels, needs to become more dynamic in the matters of interpretation of laws,” explained the judge.
Justice Gogoi has also been hearing the contentious National register of citizens in Assam case. He along with justice Nariman are seen to be instrumental in the preparation of the NRC in Assam.
It was by the orders of Justice Gogoi that NRC for Assam is being prepared.