The government has written to Chief Justice of India B.R. Gavai, seeking his recommendation for the next Chief Justice as he prepares to demit office on November 23.

The move, though routine, revives an enduring question—if the line of succession is already known, why does the government still seek the outgoing Chief Justice’s recommendation? The answer lies in a delicate dance of tradition, constitutional prudence, and judicial independence.

How a Chief Justice is chosen

The appointment of the Chief Justice of India (CJI) is not laid out in exhaustive detail in the Constitution. Article 124(2) simply says the President shall appoint judges of the Supreme Court after consultation with the judiciary. Over the decades, a convention evolved —the senior-most judge of the Supreme Court is el

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