Part V - The Union • Article

Article 126 Simplified: Appointment of acting Chief Justice

Article 126 allows the President to appoint one of the other Supreme Court judges to perform the duties of the Chief Justice of India (CJI) when the office of the CJI is vacant or when the CJI is absent.

Official Text

When the office of Chief 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.

Simple Meaning

Explain Like Ten

If the leader of the court (the Chief Justice) is sick, traveling, or retires, the President will pick one of the other senior judges to be the Acting Chief Justice until the leader comes back or a new one is selected.

Student Mode

Article 126 provides for the appointment of an Acting Chief Justice of India. When the office of CJI is vacant, or when the CJI is unable to perform duties due to absence or otherwise, the President may appoint one of the other Judges of the Supreme Court to perform those duties. By convention, the senior-most judge of the court is appointed.

Example

If the Chief Justice of India retires or travels abroad on official business, the President appoints the senior-most judge of the Supreme Court as the Acting CJI under Article 126 to manage the court's administrative duties.

Key Takeaway

The President can appoint an Acting Chief Justice of India when the CJI is unable to serve.

FAQs

Who appoints the Acting Chief Justice of India?

The President of India appoints the Acting CJI under Article 126.

Who is typically chosen to be the Acting Chief Justice?

By established convention, the senior-most Judge of the Supreme Court is appointed by the President to act as the Chief Justice.