Actual Article
Article 223: Appointment of acting Chief Justice
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 one of the other Judges of the Court appointed by the President to perform such duties.
UPSC Notes for Article 223
Explanation:
- Provision for Acting Chief Justice: Article 223 provides for the appointment of an acting Chief Justice of a High Court in situations where the incumbent is unable to perform their duties due to absence, illness, or other reasons, or when the position itself is vacant. This ensures that there is no disruption in the administration and functioning of the High Court.
- Presidential Appointment: The appointment of an acting Chief Justice is made by the President of India. This process ensures that the selection is handled with due consideration of judicial continuity and the specific needs of the High Court in question.
Key Points:
- Maintaining Judicial Continuity: The ability to appoint an acting Chief Justice helps maintain continuity in judicial administration, ensuring that the High Court continues to function efficiently and without interruption.
- Administrative Flexibility: This provision adds an element of administrative flexibility, allowing for the seamless management of judicial responsibilities in the face of unforeseen circumstances affecting the Chief Justice.
Important Cases and Commissions Related to Article 223
Cases:
- No specific landmark cases interpreting Article 223 have been noted, as this provision generally deals with administrative adjustments within the judiciary.
Commissions:
- Law Commission of India: May have explored issues related to the transition and temporary judicial appointments, ensuring such provisions support the robust functioning of the judiciary.
Important Reports Related to Article 223:
- Administrative Reforms Commission: Might have examined the efficacy of temporary judicial leadership arrangements and recommended best practices to optimize these transitions.
Previous Year Prelims Questions Related to Article 223
- (UPSC Prelims 2016) Who appoints the acting Chief Justice of a High Court?
- A. The Chief Justice of India
- B. The President of India
- C. The Governor of the State
- D. The Prime Minister Correct Answer: B. The President of India
- (UPSC Prelims 2018) Under what circumstances is an acting Chief Justice of a High Court appointed?
- A. When the Chief Justice retires
- B. When the Chief Justice is unable to perform the duties of the office
- C. When the High Court is being reconstituted
- D. When there are additional benches created Correct Answer: B. When the Chief Justice is unable to perform the duties of the office
Previous Year Mains Questions Related to Article 223
- Mains 2016: “Discuss the implications of having an acting Chief Justice in the High Courts as per Article 223.”
- Mains 2019: “Evaluate the effectiveness of the provisions for appointing acting Chief Justices in maintaining judicial continuity as provided under Article 223.”
Additional Insights:
- Ensuring Uninterrupted Justice Delivery: The provisions under Article 223 are critical for ensuring that the delivery of justice is not hindered by any temporary incapacity or vacancy in the office of the Chief Justice.
- Balancing Authority and Continuity: While maintaining judicial authority, the article also ensures that there is no vacuum in leadership, thereby preserving the court’s capacity to handle cases effectively and authoritatively.
Understanding Article 223 is crucial for UPSC aspirants as it highlights the mechanisms for ensuring leadership continuity within the High Courts, reflecting the broader commitment to sustained judicial operations under varying circumstances. This knowledge is essential for both preliminary and main examinations, offering a deeper understanding of the judiciary’s administrative resilience.