Part VI - The States • Article

Article 223 Simplified: Appointment of acting Chief Justice

Article 223 provides the procedure for appointing an acting Chief Justice of a High Court. If the office of the Chief Justice becomes vacant (e.g. due to retirement or sudden demise) or if the Chief Justice is unable to perform their duties (due to leave, illness, or absence), the President can appoint one of the other judges of that High Court to temporarily perform those duties.

Official Text

When the office of Chief Justice of a High Court is vacant or when any such 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 Chief Justice of a High Court is sick, away, or has retired, the President can appoint one of the other judges of that court to step up and act as the temporary boss until a new Chief Justice takes over.

Student Mode

Article 223 provides for the temporary appointment of an acting Chief Justice of a High Court by the President. This is triggered when the office of the Chief Justice becomes vacant, or when the Chief Justice is absent or otherwise unable to perform their duties. The President selects one of the other judges of the same High Court for this role.

Example

When the Chief Justice of the Gujarat High Court is appointed to the Supreme Court, the office becomes vacant. Under Article 223, the President issues an order appointing the senior-most judge of the Gujarat High Court as the acting Chief Justice until a permanent successor is formally appointed.

Key Takeaway

Article 223 authorizes the President to appoint an acting Chief Justice from among the sitting judges of a High Court during a vacancy or absence.

FAQs

When is an acting Chief Justice appointed?

When the office of Chief Justice is vacant, or when the Chief Justice is unable to perform duties due to absence, leave, or illness.

Who appoints the acting Chief Justice of a High Court?

The President of India.

Can any person be appointed as acting Chief Justice under Article 223?

The President must select from the sitting judges of that specific High Court.

Quiz

Who appoints the acting Chief Justice of a High Court under Article 223?

Answer: The President of India

The acting Chief Justice must be chosen from:

Answer: Sitting judges of the same High Court