Acting Chief Justice of a High Court

An Acting Chief Justice of a High Court temporarily performs the duties of the Chief Justice when the regular Chief Justice cannot do so or the office is vacant. The appointment is governed by Article 223 of the Constitution of India.

Constitutional basis

Under Article 223, the President of India may appoint one of the other judges of that High Court to perform the duties of Chief Justice.

• This arrangement applies when the office of Chief Justice is vacant.
• It also applies when the Chief Justice is unable to perform the duties of office because of absence or any other reason.

Nature and distinction

The appointment is a temporary arrangement for performing the Chief Justice's duties during the specified contingency. The appointee must be one of the other judges of the same High Court.

• An Acting Chief Justice under Article 223 should not be confused with an Acting Judge appointed under Article 224(2).
• Article 223 expressly places the appointing authority with the President, not the Governor.