Introduction
Article 126 of the Indian Constitution explains how an Acting Chief Justice of India is appointed. It comes into effect when the office of the Chief Justice of India is vacant or when the Chief Justice cannot perform official duties. This article ensures that the Supreme Court continues to function smoothly without interruption. It protects judicial stability and maintains the authority of the highest court in the country.
Why Does Article 126 Exist?
Article 126 exists to prevent administrative or judicial paralysis. The Supreme Court plays a critical role in India’s constitutional system. Any leadership gap can disrupt case hearings, bench formations, and administrative decisions. Article 126 fills this gap by allowing another judge to temporarily assume the role of Chief Justice. This guarantees continuity in judicial governance.
When Is an Acting Chief Justice Appointed?
An Acting Chief Justice is appointed under two main circumstances. The first situation arises when the position of Chief Justice of India becomes vacant. This can happen due to retirement, resignation, removal, or death. Until a permanent Chief Justice is appointed, an Acting Chief Justice takes charge.
The second situation occurs when the sitting Chief Justice is unable to perform duties. This may happen due to illness, absence, or any other reason that prevents the Chief Justice from functioning. In both cases, Article 126 ensures there is no leadership vacuum.
Who Has the Power to Appoint an Acting Chief Justice?
The President of India holds the authority to appoint the Acting Chief Justice. The Constitution explicitly grants this power under Article 126. However, this authority is exercised within established constitutional conventions. The President appoints one of the existing judges of the Supreme Court to perform the duties of the Chief Justice.
Which Judge Is Usually Chosen as Acting Chief Justice?
By long-standing convention, the senior-most judge of the Supreme Court is appointed as the Acting Chief Justice. Seniority is determined by the length of service on the Supreme Court bench. This practice ensures fairness, predictability, and institutional respect. It also prevents any perception of executive interference in judicial appointments.
Although the Constitution does not mandate seniority, the convention is consistently followed. This strengthens judicial independence and public confidence in the system.
What Are the Duties of an Acting Chief Justice?
The Acting Chief Justice performs all the duties of the Chief Justice of India. The role is not symbolic or limited. The Acting Chief Justice presides over constitutional benches and regular benches. They allocate cases among judges. They oversee administrative matters of the Supreme Court. They represent the judiciary in official and constitutional functions.
The Acting Chief Justice exercises full authority until the permanent Chief Justice assumes office or the incumbent Chief Justice resumes duties. Decisions taken during this period carry the same legal weight as those taken by a regular Chief Justice.
How Does Article 126 Protect Judicial Independence?
Article 126 protects judicial independence by ensuring uninterrupted leadership within the Supreme Court. It avoids situations where the executive could delay appointments to influence judicial functioning. The reliance on seniority and internal judicial selection minimizes external pressure.
This provision reinforces the idea that the judiciary remains self-governing in its daily operations. It preserves the separation of powers and upholds the constitutional balance among the legislature, executive, and judiciary.
Does Article 126 Allow Executive Overreach?
Article 126 does not promote executive overreach. Although the President makes the appointment, the choice follows constitutional conventions and judicial seniority. The executive does not gain control over judicial decisions through this process. Instead, the article serves as a safeguard against disruption.
The temporary nature of the appointment also ensures that the Acting Chief Justice does not replace the formal appointment process of a permanent Chief Justice under Article 124.
How Long Does an Acting Chief Justice Remain in Office?
The tenure of an Acting Chief Justice is temporary. It lasts only until a new Chief Justice of India is appointed or the existing Chief Justice resumes duties. There is no fixed time limit mentioned in the Constitution. The duration depends entirely on the circumstances that triggered the appointment.
Once the vacancy is filled or incapacity ends, the Acting Chief Justice returns to their original position as a Supreme Court judge.
How Is Article 126 Different From Article 124?
Article 126 deals only with temporary arrangements. Article 124 governs the appointment of the permanent Chief Justice of India and other Supreme Court judges. Article 124 involves a more detailed appointment process, including consultation and warrants of appointment.
Article 126 acts as a stopgap measure. It ensures continuity while the formal process under Article 124 is completed.
Why Is Article 126 Important for the Supreme Court?
Article 126 plays a crucial role in maintaining institutional stability. The Supreme Court handles sensitive constitutional matters and high-profile cases daily. Leadership continuity ensures that justice delivery does not slow down.
This article reinforces public trust in the judiciary. It demonstrates that the Constitution anticipates emergencies and provides clear solutions. By ensuring smooth transitions, Article 126 strengthens the credibility and efficiency of India’s highest court.
Conclusion
Article 126 reflects constitutional foresight. It balances authority, convention, and independence. It ensures that the Supreme Court always functions under capable leadership. It prevents uncertainty during transitions. Most importantly, it safeguards the rule of law.
Through Article 126, the Indian Constitution ensures that justice never pauses, even briefly.
