Constitution Section 126 — Appointment of acting Chief Justice

Part V — THE UNION — CHAPTER IV.—THE UNION JUDICIARY

Constitutional

Summary

If the position of Chief Justice of India is empty, or if the Chief Justice cannot do their job because they are away or for any other reason, then the President will choose another judge of the Supreme Court to take over those duties.

Official Text

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.

Related Judgments

  • Lawyers' Forum for General Utility; Litigating Public, Aurangabad vs 1., The State of Maharashtra ,, 2., The Hon'ble the Chief Justice — Bombay High Court (Mumbai Principal Seat) (2014)
  • Vasudev darra & ors vs the registrar general & ors — Bombay High Court (Mumbai Principal Seat) (2021)
  • THE HON’BLE MR. CHIEF JUSTICE T.S. SIVAGNANAM; AND; THE HON’BLE MR. JU vs The Designated Committee constituted under section 126 of the Finance — Calcutta High Court (Kolkata Principal Seat) (2024)