Article 223 of the Costitution of India with Case law
🔷 Article 223 of the Constitution of India – Appointment of Acting Chief Justice
🔹 Text of Article 223:
“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 such one of the other Judges of the Court as the President may appoint for the purposes.”
🔹 Key Provisions of Article 223:
| Clause | Explanation |
|---|---|
| Vacancy or Absence | Applies when the Chief Justice post is vacant or the Chief Justice is unable to perform duties |
| Appointment | The President appoints an Acting Chief Justice from among the other judges of that High Court |
| Temporary Nature | The appointment is temporary and lasts only until a permanent Chief Justice assumes charge or the regular CJ returns |
🔹 Objective of Article 223:
To ensure continuity in the functioning of High Courts
To avoid judicial paralysis due to absence or vacancy of the Chief Justice
Provides a constitutional mechanism for interim arrangement
🔹 Related Provisions:
| Article | Subject |
|---|---|
| Article 124 | Appointment of Judges to the Supreme Court |
| Article 217 | Appointment and conditions of service of High Court Judges |
| Article 222 | Transfer of Judges |
| Article 224A | Appointment of retired judges as ad hoc judges |
| Article 224 | Appointment of additional judges |
| Article 223 | Appointment of Acting Chief Justice |
🔹 Notable Case Laws Involving Article 223:
✅ A. P. High Court v. A. P. State Council of Higher Education, (2006) 3 SCC 104
Context: Validity of orders passed during the tenure of an Acting Chief Justice.
Held:
There is no difference in authority between a regular Chief Justice and an Acting Chief Justice.
The Acting CJ can allocate work, constitute benches, and perform all duties of the Chief Justice.
✅ State of Rajasthan v. Prakash Chand, (1998) 1 SCC 1
Relevance: Clarified the administrative powers of Chief Justices.
Held:
Even an Acting Chief Justice has exclusive prerogative to allocate judicial work.
Other judges cannot interfere with the roster powers of the Acting Chief Justice.
✅ Union of India v. Sankalchand H. Sheth, (1977) 4 SCC 193
Though focused on Article 222 (transfer of judges), it discusses judicial independence and roles of Chief Justices.
Reinforces that the process under Article 223 must respect judicial autonomy and non-arbitrariness.
✅ Mahesh Chandra Gupta v. Union of India, (2009) 8 SCC 273
Significance: Explains judicial review of appointments under constitutional provisions, including Article 223.
Held:
Appointment of Acting Chief Justice is an executive function, but subject to judicial review on limited grounds (e.g., malafide, lack of eligibility).
🔹 Summary Table:
| Aspect | Details |
|---|---|
| Article | 223 |
| Subject | Appointment of Acting Chief Justice of a High Court |
| Authority to Appoint | President of India |
| Condition | When Chief Justice is vacant or unable to perform duties |
| Temporary? | Yes, only until regular CJ returns or is appointed |
| Key Powers | All powers of Chief Justice including bench formation, roster |
| Notable Cases | Prakash Chand, A.P. High Court Case, Mahesh Chandra Gupta |
🔹 Conclusion:
Article 223 plays a crucial role in maintaining the uninterrupted administration of justice in High Courts. The Acting Chief Justice has full authority to discharge all functions of the Chief Justice, ensuring judicial continuity and independence.
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