Peacemaker At The Helm

As the future head of the judicial family, the CJI-designate has shown his adroitness in smoothening out schisms within the Court and articulating a unique view on the right to privacy

- Venkatasubramanian

JUSTICE Sharad Arvind Bobde will be the 47th chief justice of India (CJI) with his elevation almost certain following outgoing CJI Ranjan Gogoi’s recommendation to the government naming him as his successor. Bobde, who is expected to be sworn in on November 18 following Gogoi’s retir ement, will be at the helm till April 23, 2021, when he completes 65 years, the age of superannuation for SC judges.

The office of the CJI epitomises the institution of the judiciary itself, although he himself is only first among equals in the Supreme Court. The CJI, as the administrative head of the Supreme Court, provides leadership to the entire higher judiciary by seeking to ensure discipline and accountability of the judges. He exercises this responsibility formally through the collegium by making recommendations to the centre to appoint and transfer judges of the higher judiciary and is expected to protect the institutional interests vis-à-vis pressures from the executive.

As the head of the judicial family, the CJI is also expected to perform an informal role in redressing complaints against individual judges by setting up inhouse inquiry committees to probe them. The CJI also exercises his powers through high court chief justices to withdraw work from those judges who defy his advice to quit if the committee finds substance in the complaints against them. The CJI also has the power to permit investigative agencies such as the police and the CBI to probe allegations against judges and register FIRs if necessary.

But it is not because of these reasons alone that Bobde’s tenure is anticipated with huge expectations. His turn to lead the judiciary comes at a crucial time when the Supreme Court completes 70 years of its existence and with its image far different from what it was in its early years. Today, the Supreme Court comprises 34 judges, including the CJI, and its sheer size poses a challenge in ensuring its coherence.