Which of the following statements regarding the appointment of the Chief Justice of India (CJI) is/are correct?
1. The Memorandum of Procedure (MoP) dictates that the outgoing CJI recommends the senior-most judge of the Supreme Court as their successor.
2. The Second Judges Case (1993) ruled that the executive has absolute discretion in choosing the CJI regardless of seniority.

Question

Accepted Answer

1 only — Statement 1 is correct as the MoP formally dictates the seniority convention for CJI appointments. Statement 2 is incorrect because the Second Judges Case (1993) actually curtailed executive discretion, mandating that the senior-most judge be appointed as CJI to ensure judicial independence.

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