The Union Law Ministry has requested Chief Justice of India (CJI) Bhushan R Gavai to recommend his successor, with Justice Surya Kant likely to assume office as the next Chief Justice of India on November 24.
The formal request from the law ministry on Friday marks the beginning of the process to appoint the next head of the Indian judiciary ahead of Justice Gavai’s retirement on November 23.
Justice Surya Kant, the senior-most judge of the Supreme Court, is expected to succeed Justice Gavai as the 53rd CJI and serve a tenure of approximately 14 months, retiring on February 9, 2027.
As per long-standing convention, the law ministry writes to the incumbent CJI nearly a month before retirement, seeking the recommendation of the judge considered fit to hold the office.
This practice originates from the Second Judges Case (1993), which ruled that the appointment to the office of CJI should follow seniority, subject to suitability. The Memorandum of Procedure (MoP) for higher judiciary appointments later codified this convention.
Once CJI Gavai submits his recommendation, the government is expected to issue a formal notification appointing Justice Kant as the next CJI. As the designated successor, Justice Kant will participate in key administrative decisions alongside the incumbent prior to taking office.
Justice Surya Kant: From Hisar to the Supreme Court
Born in Hisar, Haryana, on February 10, 1962, Justice Surya Kant’s journey from modest beginnings to the apex of the Indian judiciary is marked by diligence, intellect, and humility.
He completed his schooling in Hisar, graduated from Government Post Graduate College, Hisar, in 1981, and earned a law degree from Maharishi Dayanand University, Rohtak, in 1984.
He later completed an LL.M. from Kurukshetra University in 2011, securing First Class First, a notable achievement while already serving as a judge.
Justice Kant began his legal practice at the Hisar District Court in 1984 and moved to Chandigarh the following year, practising at the Punjab and Haryana High Court.
Specialising in constitutional, civil, and service law, he represented universities, corporations, and boards, quickly gaining a reputation for meticulous preparation and sharp advocacy.
At 38, he became Advocate General of Haryana in July 2000, the youngest to hold the office in the state’s history. In March 2001, he was designated a senior advocate in recognition of his standing at the Bar.
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Judicial journey
Justice Kant was elevated as a judge of the Punjab and Haryana High Court in January 2004. He served as Chief Justice of the Himachal Pradesh High Court from October 2018 and was widely admired for his administrative acumen.
In May 2019, he joined the Supreme Court of India alongside Justice Gavai and has since authored over 300 judgments on complex constitutional, criminal, and administrative issues.
He has been part of several landmark benches, including the Article 370 abrogation case, the Section 6A Citizenship Act verdict, and the ruling affirming minority status of Aligarh Muslim University, where he penned a notable dissent.
Justice Kant also presided over the bench granting bail to former Delhi Chief Minister Arvind Kejriwal in the CBI’s liquor policy case, simultaneously upholding the legality of his arrest – reflecting a balanced approach to liberty and procedure.
Justice Kant has contributed to benches reviewing presidential references on governors’ powers and timelines for state legislation, as well as the Vijay Madanlal Choudhary judgment on the Enforcement Directorate’s powers under the Prevention of Money Laundering Act (PMLA).
The presidential reference opinion is expected by November 21, the last working day for CJI Gavai, while the PMLA review case is set for final arguments next month.
Beyond the courtroom
Justice Kant has served on the governing body of the National Legal Services Authority (NALSA) for two terms (2007-2011) and is currently its executive chairman.
He has contributed to legal reform initiatives, including the launch of the Veer Parivar Sahayata Yojana 2025, providing free legal assistance to soldiers, veterans, and their families.
Known for his courteous demeanour, sharp intellect, and consensus-building skills, Justice Kant is widely respected within the legal community.
As he prepares to assume office on November 24, his tenure is expected to coincide with critical constitutional challenges, ongoing judicial reforms, and initiatives to strengthen institutional efficiency.
Colleagues describe him as “a judge with a human heart and a constitutional mind,” embodying a blend of humility and conviction that has defined his journey from Hisar to the Supreme Court of India.
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