Acting Chief Justice of a High Court

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News: Rajasthan High Court Acting Chief Justice Sanjeev Prakash Sharma rejected allegations against him and asked all concerned to await the CJI’s decision.

About Acting Chief Justice of a High Court

Acting Chief Justice of a High Court
Source – Bar and Bench
  • An Acting Chief Justice temporarily performs the duties of the Chief Justice when the regular Chief Justice is unavailable.
  • Constitutional Provision: Article 223 provides for an Acting Chief Justice of a High Court.
  • Appointment: The President appoints the Acting Chief Justice.
  • Eligibility: The appointee must be a judge of the same High Court and need not be its senior-most judge.
  • Power: The Acting Chief Justice performs the duties and functions of the Chief Justice during the temporary arrangement.
  • Functions: The Acting Chief Justice ensures the continued judicial and administrative functioning of the High Court.
  • Convention: Acting Chief Justices conventionally do not recommend judicial appointments because their tenures are generally short.
    • However, in exceptional cases where they have recommended names, the Collegium has followed different approaches.
  • Relevancy: It prevents an administrative and constitutional vacuum and ensures institutional continuity in the judiciary.
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