Actual Article
Article 126: Appointment of acting Chief Justice
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 duties of the office shall be performed by such one of the other Judges of the Supreme Court as the President may appoint for the purpose.
UPSC Notes for Article 126
Explanation:
- Acting Chief Justice:
- Provides for the appointment of an acting Chief Justice of India by the President.
- The acting Chief Justice is appointed when the office of the Chief Justice of India (CJI) is vacant or when the CJI is unable to perform duties due to absence or other reasons.
- Ensures continuity in the functioning of the Supreme Court.
Key Points:
- Continuity of Judicial Functioning: Ensures that the Supreme Court continues to function smoothly even in the absence or vacancy of the Chief Justice.
- Presidential Authority: The President has the authority to appoint an acting Chief Justice, ensuring a quick and efficient transition.
- Temporary Nature: The appointment is temporary and lasts only until the Chief Justice resumes duties or a new Chief Justice is appointed.
Important Cases and Commissions Related to Article 126
Cases:
- Union of India vs. Sankalchand Himmatlal Sheth (1977): Emphasized the importance of maintaining the independence and continuity of the judiciary, indirectly highlighting the relevance of Article 126.
- Keshav Singh vs. Speaker, Legislative Assembly (1965): Although primarily about legislative privileges, this case underscored the importance of uninterrupted judicial functioning.
Commissions:
- Second Administrative Reforms Commission: Discussed the need for maintaining the effectiveness and continuity of judicial administration.
- National Commission to Review the Working of the Constitution (NCRWC) (2002): Recommended measures to ensure the smooth functioning of the judiciary, including provisions for acting appointments.
Previous Year Prelims Questions Related to Article 126
- (UPSC Prelims 2017) When the office of the Chief Justice of India is vacant, who performs the duties of the office?
- A. The senior-most Judge of the Supreme Court
- B. The President of India
- C. A Judge appointed by the President
- D. The Attorney General of India Correct Answer: C. A Judge appointed by the President
- (UPSC Prelims 2019) Article 126 deals with the appointment of:
- A. Acting Chief Justice of India
- B. Ad hoc Judges of the Supreme Court
- C. Acting Governors of States
- D. Acting Chief Justices of High Courts Correct Answer: A. Acting Chief Justice of India
Previous Year Mains Questions Related to Article 126
- Mains 2016: “Discuss the significance of Article 126 in ensuring the continuity of the Supreme Court’s functioning. How does this article provide for an acting Chief Justice of India?”
- Mains 2019: “Analyze the role of the President in the appointment of an acting Chief Justice of India under Article 126. How does this provision impact the independence and efficiency of the judiciary?”
Additional Insights:
- Ensuring Judicial Efficiency: Article 126 ensures that the absence or vacancy of the Chief Justice does not hinder the Supreme Court’s functioning, promoting judicial efficiency.
- Authority and Responsibility: The President’s role in appointing an acting Chief Justice underscores the importance of executive support in maintaining judicial operations.
- Temporary Solution: The provision for an acting Chief Justice serves as a temporary solution, ensuring that the highest judicial office is always filled, even on an interim basis.
Understanding Article 126 is crucial for UPSC aspirants as it outlines the procedure for appointing an acting Chief Justice of India, ensuring the continuity and smooth functioning of the Supreme Court. This knowledge is essential for both preliminary and main examinations, offering a comprehensive understanding of the constitutional provisions that support the effective administration of the judiciary within India’s legal framework.