What is Constitution Of India Article 126?

Constitution Of India Article 126: Appointment of Acting Chief Justice

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.

Brief Detail

Article 126 of the Constitution of India allows for the appointment of an acting Chief Justice when the position of Chief Justice is vacant or when the Chief Justice is unable to perform their duties. In such cases, the President has the authority to appoint any other sitting judge of the Supreme Court to perform the duties of the office.

Question & Answers

What happens when the office of Chief Justice of India is vacant or the Chief Justice is unable to perform duties?

In such situations, the President can appoint one of the other Supreme Court judges to temporarily perform the duties of the Chief Justice of India.

Who has the authority to appoint the Acting Chief Justice?

The President of India has the authority to appoint the Acting Chief Justice of India.

Example

If the Chief Justice is unable to perform their duties due to illness or any other reason, the President may appoint another senior judge of the Supreme Court to carry out the duties until the Chief Justice is able to resume their role or a new Chief Justice is appointed.

Summary

Article 126 ensures the smooth functioning of the Supreme Court by allowing the President to appoint an acting Chief Justice when the office becomes vacant or the Chief Justice is unable to perform their duties.