Constitution of India
Article 126: Appointment of acting Chief Justice
Part V — The Union, Chapter IV — The Union Judiciary
Article 126 (no sub-clauses)
WHAT IT SAYS: When the office of CJI is vacant, or when the CJI is unable to perform duties due to absence or otherwise, the President shall appoint one of the other SC judges to act as CJI. WHAT IT MEANS: 1. The President has sole authority to designate an Acting CJI. 2. Triggers: (a) vacancy in office (retirement, death, resignation, removal), or (b) temporary inability (illness, travel, leave). 3. The Acting CJI enjoys the same powers, functions, and authority as the regular CJI during the appointment period. 4. The appointment is purely temporary — it lasts only until the regular CJI resumes or a new CJI is appointed. 5. By convention (not constitutional mandate), the senior-most SC judge is appointed as Acting CJI. KEY DOCTRINE: Doctrine of Judicial Continuity — ensures that the Supreme Court never faces a leadership vacuum, preserving uninterrupted administration of justice.
Constitutional Inspiration
SOURCE(S): 1. Government of India Act, 1935 — Section 202, Part IX, Chapter I (The Federal Court) Original provision: If the office of CJI becomes vacant or the CJI is unable to perform duties, the Governor-General may in his discretion appoint one of the other judges of the Federal Court to act in his place. What India kept: Near-identical language and mechanism — substituted 'President' for 'Governor-General' and 'Supreme Court' for 'Federal Court'. INDIA'S SPECIFIC ADAPTATIONS: 1. Replaced discretion of the Crown/Governor-General with the President's power — reflecting transition from colonial to republican governance. 2. Removed the phrase 'in his discretion' — the President acts on aid and advice of the Council of Ministers (Article 74), ensuring democratic accountability. 3. Established a convention of seniority-based appointment — the GoI Act 1935 had no such convention, giving the Governor-General unfettered choice. NOTE: Article 126 was adopted nearly verbatim from Section 202 of the GoI Act, 1935. It is not a purely original Indian contribution but a direct adaptation of a British colonial statutory provision recast for a sovereign republic.
Constituent Assembly Debate
DEBATED ON: 27 May 1949 (CAD Volume VIII) DRAFT ARTICLE NUMBER: Draft Article 105 KEY SPEAKERS: 1. Dr. B.R. Ambedkar — Moved Draft Article 105 for consideration. 2. No other speakers recorded — the article was non-controversial. MAJOR DISAGREEMENTS: None. The Draft Article was accepted without any debate or amendment. FINAL OUTCOME: Draft Article 105 was adopted unanimously without debate and added to the Constitution as Article 126. AMBEDKAR'S KEY QUOTE: No specific quote recorded — the article was moved formally and adopted without discussion.
Landmark Judgments
LANDMARK JUDGMENTS: 1. State of Uttar Pradesh v. Raj Narain (1975) — Highlighted the pivotal role of the CJI in maintaining judicial discipline, underscoring the necessity of appointing an Acting CJI when the position falls vacant. 2. Supreme Court Advocates-on-Record Association v. Union of India (2016) — Discussed the constitutional importance of the CJI's office and mechanisms like Article 126 designed to preserve judicial stability during vacancy or incapacity. 3. Union of India v. Sankalchand Himatlal Sheth (1977) — Emphasized the importance of judicial independence and continuity, indirectly reinforcing the rationale underlying Article 126. 4. S.P. Gupta v. Union of India (1981) — First Judges Case — discussed the scope of executive power in judicial appointments, relevant to the President's role under Article 126. NOTABLE DISSENTS: None directly on Article 126 — the provision has not been the subject of direct constitutional challenge. SCHOLARS & JURISTS: 1. National Commission to Review the Working of the Constitution (NCRWC, 2002) — Recommended measures to ensure smooth functioning of judiciary, including provisions for acting appointments under Article 126. 2. Second Administrative Reforms Commission — Discussed the need for maintaining effectiveness and continuity of judicial administration, supporting the mechanism of Article 126.