Constitution of India · Section Article 126

Appointment of acting Chief Justice

Article 126 — Appointment of acting Chief Justice

Justice of India is vacant or when the Chief Justice is, by reason of absence or otherwise, unable to perform the duties of his office, the duties of the office shall be performed by such one of the other Judges of the Court as the President may appoint for the purpose.


Plain English Summary

If the main Chief Justice of India is unavailable, either due to absence or inability to perform their duties, another Judge of the Court can be appointed by the President to act as the Chief Justice. This ensures that the highest judicial office remains functional and that the administration of justice continues without interruption.

Key Points

  • This article deals with the procedure for appointing an 'acting' Chief Justice of India.
  • The appointment is made by the President of India.
  • It applies when the actual Chief Justice cannot perform their duties.
  • The purpose is to ensure the continuous functioning of the highest court.

Why It Matters

This provision provides a necessary mechanism to maintain the continuity and efficiency of the Supreme Court's judicial work even when the incumbent Chief Justice is temporarily unavailable.

Landmark Judgements

No major landmark judgements.

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