Chief Justice of India KG Balakrishnan, who retires next month, has recommended the name of seniormost judge of the Supreme Court Justice S H Kapadia as his successor, setting in motion the process of change of guard in the apex court.
Sources in the Law Ministry said Justice Balakrishnan, due to retire on May 11, recommended the name of Justice Kapadia (63) recently.
"The file is under process," an official said.
As per the Memorandum of Procedure which governs the appointment of members of the higher judiciary, "appointment to the office of the Chief Justice of India should be of the seniormost Judge of the Supreme Court considered fit to hold the office."
It stipulates that the Law Minister would, at the appropriate time, seek the recommendation of the outgoing Chief Justice of India for the appointment of the next CJI.
Under this process, after receipt of the recommendation of the CJI, the Law Minister puts it up to the Prime Minister who advises the President in the matter of appointment.