Kurian Joseph writes to President on CJI oath words

NEW DELHI: Supreme Court judge and collegium member Kurian Joseph has written to the President of India, pointing out “a glaring discrepancy” between the designation prescribed in the oath administered to the Chief Justice of India and the position mentioned in the warrant of appointment.

While the warrant specifies the title of the apex court’s top judge as Chief Justice of India, the oath – as prescribed in the Constitution – cites it as Chief Justice of the Supreme Court of India. “Thus the person appointed by the President of India as the Chief Justice of India is administered oath as Chief Justice of the Supreme Court of India,” according to Justice Joseph.

In his letter, reviewed by ET, Joseph says the discrepancy exists because “there is no separate form of oath for the Chief Justice of India… There needs to be a separate form of oath or affirmation for the Chief Justice of India.” Joseph had written to the President about this issue on March 16, requesting him to consider amending the Third Schedule on the form of oath before the swearing in of Ranjan Gogoi as CJI on Wednesday.


However, the Third Schedule hasn’t been amended.Although Gogoi’s warrant of appointment designated him Chief Justice of India, he took oath as Chief Justice of the Supreme Court of India on Wednesday. Joseph had raised the issue during hearings of the National Judicial Appointments Commission case in 2015.

“Attorney General for India submitted in court that the government will look into the matter. However, so far, nothing has been done,” Joseph said in his letter. While Schedule 3 of the Constitution, which lays out the format of the oath, refers to the post as Chief Justice of the Supreme Court of India, Article 124 of the Constitution in describing the composition of the top court says it consists of the Chief Justice of India and other judges.

All the official communication, rules of business of the Supreme Court and the judgments mention the office as Chief Justice of India and not as the Chief Justice of the Supreme Court of India. Therefore, the oath should also reflect this, Joseph suggested. “There needs to be a separate form of oath or affirmation for the Chief Justice of India,” advised Joseph.

Schedule 3 of the Constitution provides the forms of oaths or affirmations of SC judges and the Comptroller and Auditor-General of India.