Part V: The Union

The Union Judiciary

Article 126: Appointment of Acting Chief Justice

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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.

Explanations

Article 126 of the Constitution of India provides for the appointment of an acting Chief Justice of India. This provision ensures the continuity of judicial leadership in the Supreme Court when the Chief Justice’s position becomes temporarily vacant, or if the Chief Justice is unable to perform their duties. The President of India is empowered to appoint a senior judge to fulfill the responsibilities of the Chief Justice in such cases.

Procedure for Appointment of Acting Chief Justice

1. Provision for Temporary Vacancy or Incapacity

If the office of the Chief Justice of India (CJI) becomes vacant due to retirement, resignation, removal, or death, or if the Chief Justice is unable to perform their duties due to absence or any other reason, such as illness or temporary incapacity, the President has the authority to appoint an acting Chief Justice.

2. Presidential Authority

The President of India is vested with the authority to appoint another Judge from the Supreme Court to perform the duties of the Chief Justice of India.

3. Criteria for Appointment

The appointed Judge must be one of the sitting Judges of the Supreme Court. The selection is typically based on seniority and experience to ensure continuity in judicial leadership.

4. Duration of Acting Appointment

The appointed Judge will act as the Chief Justice of India until the incumbent Chief Justice resumes office, or, if the vacancy is permanent, until a new Chief Justice is formally appointed.

5. Significance of the Provision

This mechanism underscores the importance of uninterrupted judicial administration at the highest level. It ensures that the Supreme Court of India continues to function seamlessly without disruptions in leadership, maintaining the stability and integrity of the judicial system.

Real-Life Examples

• In 2007, when Chief Justice K. G. Balakrishnan was unable to perform his duties due to absence, Justice B. N. Agarwal was appointed by the President as the acting Chief Justice. This ensured that the highest court continued to function without disruption.
• In 2019, during the temporary absence of Chief Justice Ranjan Gogoi, Justice S. A. Bobde was appointed as acting Chief Justice, reflecting the utility of Article 126 in maintaining judicial continuity.
• In 2014, when Chief Justice P. Sathasivam retired, Justice R. M. Lodha served as acting Chief Justice until a formal successor was appointed.

Historical Significance

Article 126 was framed with the vision of avoiding disruptions in the functioning of the Supreme Court. The framers of the Constitution intended to ensure that the judicial process remains uninterrupted, even in unforeseen circumstances, such as the sudden vacancy or incapacitation of the Chief Justice. The provision reflects a robust and adaptable judiciary that functions seamlessly despite leadership changes.

Amendments and Judicial Interpretation

No specific amendments have been made to Article 126. However, its application has been interpreted and exercised by various Presidents to ensure the smooth operation of the judiciary in transitional periods.

Legislative History

Article 126 of the Indian Constitution, originally drafted and deliberated as Article 104 of the Draft Constitution, was incorporated into the Indian Constitution on May 27, 1949. Its inclusion reflects the framers’ desire to ensure an uninterrupted functioning of the judiciary, even when the Chief Justice’s office is vacant or the Chief Justice is incapacitated.

Debates and Amendments

Since no significant amendments or proposals were made regarding Article 126 during the drafting process, the article was adopted without extensive debate. The Constituent Assembly accepted the article as it was originally drafted, emphasizing its importance in maintaining the seamless operation of the judiciary during transitional periods.

References

• The Constitution of India - Article 126, Appointment of Acting Chief Justice.
• Indian judicial precedents concerning acting Chief Justices.
• Presidential appointment records for acting Chief Justices in the Supreme Court of India.