New Delhi: With the retirement of Chief Justice of India, Dipak Misra, round the corner, the Union Law Ministry has asked him to recommend the name of his successor, media reports said on Wednesday. Government sources were quoted by a leading daily that law minister Ravi Shankar Prasad has written to CJI Misra to recommend the name of the Supreme Court judge who is likely to succeed him when he retires on October 2. Prasad’s move was as per the convention laid out in the Memorandum of Procedure (MoP), where the minister seeks the recommendation of the outgoing CJI for the appointment of his successor. Also Read - 'Will Speak in Detail After Taking Oath', Former CJI Ranjan Gogoi on Accepting Rajya Sabha Nomination

According to the MoP, “appointment to the office of the Chief Justice of India should be of the senior-most judge of the Supreme Court considered fit to hold the office”. Under this process, the CJI’s recommendation to the minister is put before the Prime Minister who then advises the President in the appointment. “Whenever there is any doubt about the fitness of the senior-most judge to hold the office of the Chief Justice of India, consultation with other judges… would be made for the appointment of the next Chief Justice of India,” the document reads. (Also read: ‘SC Not in Order’) Also Read - Amit Shah Effectively Cleared All Misgivings on CAA, NPR in Rajya Sabha, Says RS Prasad



Minister Prasad had recently said that the Government’s intention on the appointment of the next Chief Justice of India should not be questioned. On a question on whether the government would follow the laid-down conventions and procedures to appoint Justice Ranjan Gogoi as the next Chief Justice, he had said, “The question is imaginary… as far as the appointment of the Chief Justice of India is concerned, the convention is clear… the sitting Chief Justice names the senior-most judge (of the top court) as his successor. When the name comes to us, we will discuss it.” Also Read - 'Please Don't Preach us Rajdharma': BJP Slams Sonia Gandhi For Her Remarks on Delhi Violence