Appointment of Acting Chief Justice of India
Official heading: “Appointment of acting Chief Justice”
- Source edition
- The Constitution of India (as on 1 May 2026)
- Source locator
- Part V, Article 126, printed page 60
- Last human source-link check
- Not yet checked
- Last human legal review
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1. In One Sentence
Article 126 provides for the immediate appointment by the President of another Supreme Court Judge to perform the duties of the Chief Justice of India when the office is vacant or the CJI is unable to act.
2. What It Means in Everyday Language
Article 126 guarantees the uninterrupted continuity of the office of the Chief Justice of India (CJI).
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 the office, those duties shall be performed by one of the other Judges of the Supreme Court appointed by the President for that purpose.
By established constitutional convention, the President appoints the senior-most sitting puisne judge of the Supreme Court as the Acting Chief Justice.
The Acting Chief Justice possesses all the constitutional, administrative, and statutory powers of the CJI, including the master-of-the-roster authority to constitute benches and assign cases.
3. Practical Illustrative Example
The Chief Justice of India travels abroad for an international legal conference and is temporarily indisposed, while an urgent constitutional bench must be constituted.
4. Important Limits, Qualifications & Exceptions
Article 126 ensures institutional continuity at the apex of the judicial branch.
- Triggered by vacancy or temporary inability of the CJI.
- Presidential appointment from amongst sitting Supreme Court judges.
- Guided by the seniority convention.
- Prevents administrative and constitutional gridlock in the Supreme Court.
5. Operative Constitutional Text
6. Sources & Historical Assembly Deliberations
Assembly quotations are withheld until wording, dates, and attribution have been checked against the primary record.
- •Government of India (Legislative Department, Ministry of Law and Justice) • Part V, Article 126, printed page 60 • Human source-link check pending
Primary PDF accessed and transcribed with AI assistance on 14 October 2026. Formatting and amendment annotation markers are omitted; operative wording is retained. This is not human legal review. Later amendments and commencement notifications have not been comprehensively checked.