Home The Constitution Part V Article 126

Art. 126 Part V: The Union

Appointment of Acting Chief Justice

Exact text — Constitution of India

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 Court as the President may appoint for the purpose.

In Plain English

What this Article actually means

This Article ensures the Supreme Court always has someone performing the Chief Justice's functions even during a vacancy or the sitting CJI's temporary unavailability — the President appoints another sitting judge to act in that capacity, maintaining institutional continuity at the Court's helm.

Why This Matters To You

How it shows up in everyday life

This is a practical continuity provision ensuring the Supreme Court's administrative and ceremonial leadership never has a genuine gap, even during transitions between Chief Justices or brief periods of unavailability.

Read alongside this one

Art. 124 — Establishment and Constitution of Supreme Court

Frequently Asked

Quick answers about Article 126

Does the President have unlimited discretion in choosing the acting Chief Justice?

In practice, by strong convention (though not strictly mandated by this Article's bare text), the senior-most sitting judge is typically appointed to this role, maintaining a predictable seniority-based succession pattern.

← PreviousArticle 125: Salaries, etc., of Judges Next →Article 127: Appointment of Ad Hoc Judges

The text above reproduces Article 126 of the Constitution of India as amended to date, for general educational reference. It is public-domain legislative text, but we recommend cross-checking the authoritative version at legislative.gov.in or india.gov.in before relying on it for a legal matter. The explanation, examples and FAQs are general information, not legal advice — consult a qualified advocate for guidance on your specific situation.