<P> It has been an unbroken convention for decades now, to appoint the senior-most judge of the supreme court as the CJI . </P> <P> The present CJI is Justice Dipak Misra and is the 45th CJI since January 1950, the year the Constitution came into effect and the supreme court came into being . He succeeded Justice Jagdish Singh Khehar on 28 August 2017 and will remain in office till 2 October 2018, the day he retires on turning 65 years in age . </P> <P> Article 124 of the Constitution of India provides for the manner of appointing judges to the Supreme Court . Though no specific provision exists in the Constitution for appointing the Chief Justice, who, as a result, is appointed like the other judges conventionally, the outgoing CJI recommends the name of the senior-most judge (i.e. by date of appointment to the Supreme Court) for appointment by the President of India, as his successor . </P> <P> Once earlier, when prime minister Nehru wanted to see Justice M.C. Mahajan, next in line to become the CJI, superseded on Justice Patanjali Sastri's retirement, three judges of the supreme court, including Justice Mukherjea, who Nehru wanted as the next Chief Justice, offered to resign . He relented before the judges and the convention of seniority in appointment was left undisturbed . On the contrary, this convention has been breached on a few occasions during the tenure of prime minister Indira Gandhi . She got Justice A.N. Ray appointed as CJI, superseding three judges senior to him allegedly because he had favoured her government, and when Justice H.R. Khanna was overlooked for the post for upholding the constitution as superior to her government's acts and for curtailing her powers which she had arrogated to herself during the Emergency </P>

Who appoints the chief justice of supreme court of india