Part VI: The States
Chapter V - The High Courts in the States
Article 223: Appointment of Acting Chief Justice
Original Article:
(223) 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.
Explanation:
Article 223 ensures the continuity of judicial operations by empowering the President to appoint an Acting Chief Justice in the absence or vacancy of the Chief Justice of a High Court.
Clause Headings:
1. Vacancy of the Chief Justice's Office
This provision addresses situations where the office of the Chief Justice of a High Court is temporarily vacant due to resignation, retirement, or other reasons.
2. Incapacity or Absence
It ensures that the absence of a Chief Justice due to health issues or other commitments does not hinder judicial administration.
3. Presidential Authority
The President is granted the power to appoint an Acting Chief Justice, ensuring the High Court continues to function effectively.
Historical Significance:
The inclusion of Article 223 reflects the framers' commitment to maintaining judicial efficiency, even in the absence of a permanent Chief Justice.
Real-Life Examples:
In 2019, Justice D.N. Patel was appointed as Acting Chief Justice of the Delhi High Court under Article 223 until a permanent Chief Justice was appointed.
Frequently Asked Questions (FAQs):
Any judge of the High Court can be appointed as Acting Chief Justice by the President in case of vacancy or absence of the Chief Justice.
The Acting Chief Justice performs all duties and responsibilities of the Chief Justice during the vacancy or absence of the permanent Chief Justice.
No, the appointment is temporary and lasts only until the permanent Chief Justice resumes duties or is appointed.
Debates and Deliberations:
During the drafting of Article 223 (then Article 198), members of the Constituent Assembly emphasized the necessity of ensuring judicial continuity. Dr. B.R. Ambedkar highlighted that temporary appointments safeguard judicial processes without compromising efficiency or independence.