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THE CONSTITUTION, MADE UNDERSTANDABLE

Article 223
Appointment of acting Chief Justice

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26 Parts12 Schedules506 indexed article entries, including historical omissions
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Source edition: as on 1 May 2026. Omitted and struck-down reference entries remain labelled. Open the authoritative PDF ↗

Article 223 / Part VI

Appointment of acting Chief Justice

included in edition
THE PLAIN-LANGUAGE GUIDE

What does this mean?

The President can appoint a High Court judge as acting Chief Justice when that office is vacant or its holder cannot perform its duties. This is a temporary continuity arrangement.

State Governors, ministers, legislatures, High Courts and the subordinate judiciary.

PURPOSE & CONTEXT

Why is this provision here?

The High Court system needs defined judicial offices, jurisdiction and administrative safeguards to carry out the specific role described above.

Historical evidence

This Article number belongs to the original constitutional framework, but its present wording may include later amendments or substitutions. A provision-specific original Assembly debate has not been verified here. The explanation of function above is editorial inference from the text, not an attributed single motive of the framers. The original draft-making archive is a research resource, not proof of a particular historical reason.

The explanation of purpose is an editorial reading of the provision. A drafting motive is attributed only where a linked historical source supports it.

Limits, exceptions & reading carefully

Educational summary of the linked source text. Exceptions, provisos, implementing laws and applicable judgments must be read before applying it to a real case.

Read the official constitutional text
223. Appointment of acting Chief Justice.—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 purpose.
Source-page notes · may concern neighbouring Articles

1. Subs. by the Constitution (Ninety-ninth Amendment) Act, 2014, s. 7, for "after consultation with the Chief Justice of India" (w.e.f. 13-4-2015). This amendment has been struck down by the Supreme Court in the case of Supreme Court Advocates-on- Record Association and Another Vs. Union of India in its judgment dated 16-10-2015, AIR 2016 SC 117. 2. The words "within the territory of India" omitted by the Constitution (Seventh Amendment) Act, 1956, s. 14 (w.e.f. 1-11-1956). 3. Ins. by the Constitution (Fifteenth Amendment) Act, 1963, s. 5 (w.e.f. 5-10-1963). Original cl. (2) was omitted by the Constitution (Seventh Amendment) Act, 1956, s. 14 (w.e.f. 1-11-1956). 4. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 15 for art. 224

Extracted from the Legislative Department’s May 2026 edition. Page footnotes may refer to neighbouring provisions; check their markers in the PDF. Inclusion in this edition does not by itself establish commencement or judicial effect.