Introduction

The Indian Constitution is the supreme law of the land, providing a framework for the functioning of the government and the judiciary. It lays down the rights and duties of citizens, as well as the powers and responsibilities of various institutions. One crucial aspect of the judiciary is the appointment of judges, including the Chief Justice of India. However, there are instances when the position of the Chief Justice becomes vacant or the incumbent is unable to discharge their duties. In such cases, Article 223 of the Indian Constitution comes into play, allowing for the appointment of an acting Chief Justice.

Article 223: The Provision

Article 223 of the Indian Constitution deals with the appointment of an acting Chief Justice when the office of the Chief Justice of India is vacant or when the Chief Justice is unable to perform the duties of the office. This provision ensures the smooth functioning of the judiciary and the administration of justice.

When does the need for an acting Chief Justice arise?

The need for an acting Chief Justice may arise due to various reasons, such as:

• Retirement of the Chief Justice
• Resignation of the Chief Justice
• Death of the Chief Justice
• Chief Justice being unable to perform the duties due to illness or any other reason

The Process of Appointment

When the position of the Chief Justice becomes vacant or the incumbent is unable to perform their duties, the President of India, in consultation with other judges of the Supreme Court, appoints the most senior judge of the Supreme Court as the acting Chief Justice. The appointment is temporary and is made to ensure the smooth functioning of the judiciary until a new Chief Justice is appointed.

The seniority of judges is determined based on their date of appointment to the Supreme Court. The judge with the earliest appointment date becomes the most senior judge and is eligible for appointment as the acting Chief Justice.

Powers and Responsibilities of the Acting Chief Justice

The acting Chief Justice holds the same powers and responsibilities as the Chief Justice of India. They preside over the proceedings of the Supreme Court, assign cases to different benches, and exercise administrative functions. However, it is important to note that the acting Chief Justice's authority is temporary and subject to the appointment of a new Chief Justice.

Duration of Appointment

The appointment of an acting Chief Justice is temporary and usually lasts until a new Chief Justice is appointed. The duration may vary depending on the circumstances and the time taken to select and appoint a new Chief Justice.

Significance of Article 223

Article 223 plays a crucial role in ensuring the continuity and smooth functioning of the judiciary. It provides a mechanism to fill the vacuum created by the absence of a Chief Justice and prevents any disruption in the administration of justice.

By appointing an acting Chief Justice, the judiciary can continue its work without any major hindrance. This ensures that cases are heard and justice is delivered in a timely manner, upholding the principles of the Indian Constitution.

Conclusion

Article 223 of the Indian Constitution serves as an important provision for the appointment of an acting Chief Justice in the event of a vacancy or the inability of the Chief Justice to perform their duties. It ensures the smooth functioning of the judiciary and maintains the integrity of the justice system. The appointment of an acting Chief Justice allows for the uninterrupted administration of justice until a new Chief Justice is appointed. This provision reflects the commitment of the Indian Constitution to upholding the rule of law and protecting the rights of its citizens.