📜 Article 223 of the Indian Constitution
Title: Appointment of Acting Chief Justice of a High Court
🔹 Text Summary:
Article 223 empowers the President of India to appoint an Acting Chief Justice of a High Court when the office of the Chief Justice is vacant or the sitting Chief Justice is unable to perform duties (due to absence or any other reason).
📌 Full Provision:
“When the office of Chief Justice of a High Court is vacant or when any such 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 purposes.”
🧠 Key Takeaways:
| 🔑 Aspect | ✅ Details |
|---|---|
| Who appoints? | President of India |
| Whom can the President appoint? | Any other judge of the same High Court |
| When is it applicable? | When the CJ post is vacant, or the sitting CJ is unable to perform duties (due to illness, leave, etc.) |
| Duration | Temporary — only until a new Chief Justice is appointed or the existing CJ resumes duties |
| Status of Acting CJ | Has all powers and responsibilities of a Chief Justice during the acting period |
🏛️ Example:
If the Chief Justice of the Punjab & Haryana High Court retires or is on medical leave, the President can appoint another senior judge of the same High Court as the Acting Chief Justice under Article 223.
⚖️ Related Articles:
| Article | Subject |
|---|---|
| 217 | Appointment of High Court Judges |
| 222 | Transfer of High Court Judges |
| 223 | Acting Chief Justice of High Court |
| 224A | Appointment of retired judges as ad-hoc judges |
🧾 Real-Life Context:
Acting Chief Justices are frequently appointed when:
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A Chief Justice retires and the successor is yet to take office.
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A CJ is transferred, and the new one is awaiting notification.
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Temporary illness, leave, or absence of the Chief Justice.
Here is a 📊 comparison chart of Chief Justice vs Acting Chief Justice under Article 223 of the Indian Constitution:
🏛️ Chief Justice vs Acting Chief Justice (High Court)
| 🔹 Aspect | 🧑⚖️ Chief Justice (CJ) | 👨⚖️ Acting Chief Justice (ACJ) |
|---|---|---|
| Constitutional Provision | Article 217 | Article 223 |
| Appointed by | President of India | President of India |
| Recommended by | Collegium system (CJI + 4 senior SC judges) | Chosen from senior-most HC judges |
| Nature of Appointment | Permanent (until retirement at 62 years) | Temporary or interim only |
| Reason for Appointment | Regular vacancy, retirement, or transfer | CJ is absent, transferred, retired, or ill |
| Tenure | Fixed (till age 62 or transfer) | Only until regular CJ resumes or new CJ is appointed |
| Has all powers of CJ? | ✅ Yes | ✅ Yes, during acting period |
| Can be from another High Court? | ✅ Yes (transfer possible under Article 222) | ❌ No — must be from the same High Court |
| Post | Chief Judicial Administrator of the High Court | Temporarily performs CJ’s duties |
🧠 Key Notes:
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Acting Chief Justices ensure there’s no disruption in judicial leadership.
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They are senior-most judges of the same High Court, appointed only for short-term continuity.
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They exercise full administrative and judicial authority, but don’t hold the permanent title.
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