Appointment of Acting Chief Justice of High Court
Official heading: “Appointment of acting Chief Justice .”
- Source edition
- The Constitution of India (as on 1 May 2026)
- Source locator
- Part VI, Article 223, printed page 102
- Last human source-link check
- Not yet checked
- Last human legal review
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1. In One Sentence
Article 223 empowers the President to appoint one of the other Judges of a High Court to perform the duties of Chief Justice when that office is vacant or the Chief Justice is absent.
2. What It Means in Everyday Language
Article 223 ensures the continuous administrative and judicial functioning of a High Court when the office of Chief Justice falls vacant or the Chief Justice is temporarily unable to discharge duties.
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 the office, the duties shall be performed by such one of the other Judges of the Court as the President may appoint for the purpose.
By constitutional convention affirmed in collegium guidelines, the senior-most sitting permanent Judge of that High Court is appointed as the Acting Chief Justice.
3. Practical Illustrative Example
The Chief Justice of a High Court is elevated to the Supreme Court, creating an immediate vacancy in the leadership of the High Court.
4. Important Limits, Qualifications & Exceptions
Article 223 prevents administrative paralysis in the High Court leadership.
- Applies to both permanent vacancies and temporary absences.
- Presidential appointment from among sitting High Court judges.
- Senior-most judge convention ensures orderly succession.
- Maintains uninterrupted bench allocation and court administration.
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 VI, Article 223, printed page 102 • 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.