What is Article 126 of indian constitution

 

Article 126 of the Indian Constitution

Title: Appointment of acting Chief Justice

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📜 What Article 126 Says:

"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 President shall appoint one of the other Judges of the Court to act as the Chief Justice of India."

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✅ Key Provisions Explained:

1. Acting Chief Justice:

   • When the Chief Justice of India (CJI):

     • Retires, resigns, or passes away (vacancy), or

     • Is temporarily unable to perform duties (due to illness, absence, etc.)

   • Then, the President of India appoints another judge of the Supreme Court to act as Chief Justice.

2. Temporary Appointment:

   • This is a temporary arrangement, made until the permanent Chief Justice resumes duty or a new CJI is appointed.

3. Power of Acting CJI:

   • The acting Chief Justice enjoys all powers, privileges, and responsibilities of the regular Chief Justice during that period.

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🏛️ Why Article 126 Is Important:

• Ensures continuity in the functioning of the Supreme Court.

• Prevents any leadership vacuum in the judiciary.

• Upholds the integrity and efficiency of judicial administration.

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🧾 Example:

If the Chief Justice of India goes abroad for a week, the President may appoint the senior-most judge to serve as the Acting Chief Justice under Article 126.

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