The enormous difference between former Chief Justice of India Ranjan Gogoi’s nomination and previous selection-elections of retired Supreme Court judges to the Rajya Sabha need to be evaluated in the context of the vast increase in powers of the office of the CJI before and after the Advocates-on-Record versus Union of India case in 1993, Re–the Second Judges case. This case tripped both the intricate doctrine of balance of power between the executive, judiciary and the legislature, as well as the theory of checks and balances that lies at the heart of the Indian constitutional scheme.