Article 126 of the Costitution of India with Case law
🔹 Article 126 of the Constitution of India: Appointment of Acting Chief Justice of India
📜 Text of Article 126:
"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."
🔎 Explanation:
This Article empowers the President of India to appoint an Acting Chief Justice of India when:
The CJI's post is vacant, OR
The CJI is temporarily unable to perform duties (due to illness, absence, or other reasons).
The Acting Chief Justice is usually the senior-most judge of the Supreme Court after the Chief Justice.
This ensures continuity in judicial functioning and avoids constitutional vacuum at the top of the judiciary.
⚖️ Relevant Case Laws:
1. State of Rajasthan v. Prakash Chand, (1998) 1 SCC 1
Though primarily about appointment of High Court judges and the role of the Chief Justice, the Supreme Court stressed the importance of seniority and institutional integrity.
It emphasized that interim appointments (including acting CJ) must respect seniority and established conventions.
2. Supreme Court Advocates-on-Record Association v. Union of India (Second Judges Case), (1993) 4 SCC 441
The court discussed the primacy of the judiciary in appointments, and although not directly about Article 126, it reaffirmed the independence of the judiciary and importance of judicial seniority, which is also reflected in Article 126 appointments.
3. Union of India v. Sankalchand Sheth, (1977) 4 SCC 193
This case highlighted the importance of the President acting on the aid and advice of the Council of Ministers, which applies to appointments under Article 126 as well.
🧑⚖️ Recent Example:
When CJI N.V. Ramana retired in August 2022, Justice U.U. Lalit was appointed as the next Chief Justice, but if there had been a gap, the President would have appointed the senior-most judge under Article 126 as Acting CJI.
📌 Key Points:
| Aspect | Detail |
|---|---|
| Trigger | Vacancy or inability of the Chief Justice of India |
| Appointing Authority | President of India |
| Eligible Appointee | Any other Judge of the Supreme Court (usually senior-most) |
| Purpose | To ensure continuity in Supreme Court functioning |
| Tenure | Until new permanent CJI is appointed or existing CJI resumes duties |
RELATED Blog
0 comments