Q. Consider the following circumstances:
1. If the Chief Justice of India is unable to perform the duties of his/her office due to absence.
2. When both the houses of the Parliament passed a resolution demanding initiation of impeachment motion against the Chief Justice of India.
3. If the deadlock between Government and Collegium over the appointment of Chief Justice of India persists for more than six months.
In how many of the above circumstances does the Constitution empowered the President of India to appoint “acting Chief Justice of India?
Exp) Option a is the correct answer
Article 126 of the Constitution of India deals with matters related to appointment of acting Chief Justice of India and grounds related to it.
Statement 1 is correct: Article 126 empowers the President of India to appoint acting Chief Justice of India, if the Chief Justice of India is unable to perform the duties of his/ her office because of absence or otherwise. Further the President can appoint acting chief justice if the office of Chief Justice of India is vacant.
Statement 2 is incorrect: The constitution provides no such provision for appointment of acting Chief Justice of India (CJI) when Parliament passes a resolution demanding removal motion against CJI.
Statement 3 is incorrect: The constitution provides no such ground to appoint acting CJI i.e., if the deadlock between Government and Collegium over the appointment of Chief Justice of India persists for more than six months
| Important Tips Additional Judge of a High Court: • Additional Judges can be appointed by the President under clause (1) of Article 224 of the Constitution. • The President can appoint duly qualified persons as additional judges of a high court for a temporary period not exceeding two years when: • there is a temporary increase in the business of the high court; or • there are arrears of work in the high court. • No person appointed as an additional or acting Judge of a High Court shall hold office after attaining the age of sixty-two years. |
