Article 2: Acting Chief Justice of a High Court

Why in News: Supreme Court Justice Sandeep Mehta questioned the delay in transferring Rajasthan High Court Acting Chief Justice Sanjeev Prakash Sharma amid allegations of favouritism, maladministration and judicial impropriety.

Key Details

• Article 223: Provides for an Acting Chief Justice when a High Court Chief Justice’s office is vacant or the CJ is unable to perform duties.
• Appointment: The President appoints a judge of the same High Court as Acting Chief Justice.
• Temporary Role: The Acting CJ performs the duties and functions of the Chief Justice until the regular CJ assumes office or resumes duties.
• Not Necessarily Senior-most: The Constitution does not require the Acting CJ to be the senior-most judge of the High Court.
• Institutional Continuity: The provision prevents an administrative and constitutional vacuum, ensuring uninterrupted judicial functioning.

Constitutional Provision

• Article 223 deals with the appointment of an Acting Chief Justice of a High Court.
• It applies when the office of the Chief Justice is vacant, or when the Chief Justice is unable to perform duties due to absence or any other reason.
• The President of India appoints another judge of the same High Court to perform the duties of the Chief Justice.

When is an Acting Chief Justice Appointed?

• When the post of Chief Justice becomes vacant due to retirement, resignation, death, transfer or appointment to another position.
• When the Chief Justice is temporarily unable to perform duties because of absence or other circumstances.
• The arrangement continues until the Chief Justice resumes duties or a regular Chief Justice is appointed.

Who Can Become Acting Chief Justice?

• The Acting Chief Justice must be a judge of the same High Court.
• The appointment is made by the President of India.
• It is not necessary that the judge appointed as Acting Chief Justice be the senior-most judge of the High Court.
• The provision ensures continuity in the administration and functioning of the High Court.

Powers and Functions

• The Acting Chief Justice performs the duties and functions of the Chief Justice during the period of appointment.
• These include administrative responsibilities associated with the office of the Chief Justice.
• The Acting Chief Justice can exercise the powers available to the Chief Justice subject to constitutional and legal limitations.
• The arrangement prevents disruption in the judicial and administrative functioning of the High Court.

Acting CJ vs Regular Chief Justice

Importance

• Ensures continuity of judicial administration during a vacancy or temporary absence.
• Prevents a constitutional or administrative vacuum in the High Court.
• Ensures that important administrative and judicial functions continue without interruption.
• Reflects the constitutional principle of maintaining institutional continuity in the judiciary.

Conclusion

• Article 223 provides a temporary constitutional mechanism to ensure that a High Court continues to function effectively when its Chief Justice is unavailable.
• The Acting Chief Justice performs the duties of the office, but the arrangement does not amount to a permanent appointment as Chief Justice.