Introduction

The Indian Constitution is the supreme law of the country and provides the framework for the functioning of the government and the judiciary. Article 126 of the Indian Constitution deals with the appointment of an acting Chief Justice in case of the absence or inability of the Chief Justice of India to perform his or her duties.

Article 126: The Provision

Article 126 states that if the office of the Chief Justice of India is vacant or if the Chief Justice is unable to perform the duties of his or her office, then the President of India may appoint an acting Chief Justice to carry out the functions of the Chief Justice until a new Chief Justice is appointed or the Chief Justice is able to resume his or her duties.

It is important to note that the appointment of an acting Chief Justice is a temporary arrangement and does not confer the full powers and functions of the Chief Justice. The acting Chief Justice is only authorized to perform the essential functions of the office until the Chief Justice is able to resume his or her duties.

Appointment Process

The appointment of an acting Chief Justice is made by the President of India, who acts on the advice of the Chief Justice of India. The Chief Justice of India recommends a senior judge of the Supreme Court to be appointed as the acting Chief Justice.

The President has the discretion to accept or reject the recommendation of the Chief Justice of India. However, it is a well-established convention that the President follows the advice of the Chief Justice of India in such matters.

Once the President appoints an acting Chief Justice, the acting Chief Justice assumes the responsibilities and functions of the Chief Justice until the Chief Justice is able to resume his or her duties.

Importance of Article 126

Article 126 is an important provision in the Indian Constitution as it ensures the continuity and smooth functioning of the judiciary in the absence or inability of the Chief Justice of India.

The Chief Justice of India is the head of the judiciary and plays a crucial role in the administration of justice. In case of a vacancy or the Chief Justice being unable to perform his or her duties, the appointment of an acting Chief Justice ensures that there is no disruption in the functioning of the judiciary.

By appointing an acting Chief Justice, the President ensures that the essential functions of the office are carried out and that the judiciary remains functional. This is necessary to maintain the rule of law and uphold the rights of the citizens.

Role and Responsibilities of the Acting Chief Justice

The acting Chief Justice, as the temporary head of the judiciary, assumes the responsibilities and functions of the Chief Justice of India. However, it is important to note that the acting Chief Justice does not have the full powers and functions of the Chief Justice.

The acting Chief Justice is authorized to perform the essential functions of the office, such as presiding over the court proceedings, assigning cases to the judges, and making administrative decisions. However, certain important functions, such as the appointment of judges and administrative reforms, may be deferred until the Chief Justice is able to resume his or her duties.

The acting Chief Justice is expected to maintain the integrity and independence of the judiciary and ensure the effective and efficient functioning of the courts. The acting Chief Justice also represents the judiciary in its interactions with the executive and other branches of the government.

Conclusion

Article 126 of the Indian Constitution provides for the appointment of an acting Chief Justice in case of the absence or inability of the Chief Justice of India to perform his or her duties. This provision ensures the continuity and smooth functioning of the judiciary and upholds the rule of law.

The appointment of an acting Chief Justice is made by the President of India, who acts on the advice of the Chief Justice of India. The acting Chief Justice assumes the responsibilities and functions of the Chief Justice until the Chief Justice is able to resume his or her duties.

Overall, Article 126 plays a crucial role in maintaining the independence and effectiveness of the judiciary, and ensures that the administration of justice is not disrupted in the absence or inability of the Chief Justice of India.