ARTICLE 126, 127 OF CONSTITUTION OF INDIA 1949

What is the procedure of Appointment of acting Chief Justice? How is the Appointment of ad-hoc Judges? Article 126 and 127 of Constitution of India, 1949

Appointment of acting Chief Justice and Appointment of ad-hoc Judges are defined under Article 126 and 127 of Constitution of India 1949. Provisions under these Articles are:

 

 

Article 126 of Constitution of India "Appointment of acting Chief Justice"

When the office of Chief Justice of India is vacant or when the Chief Justice is, by reason or 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.

 

Article 127 of Constitution of India "Appointment of ad-hoc Judges"

(1) If at any time there should not be a quorum of the Judges of the Supreme Court available to hold or continue any session of the Court, the Chief Justice of India may, with the previous consent of the President and after consultation with the Chief Justice of the High Court concerned, request in writing the attendance at the sittings of the Court, as an ad hoc Judge, for such period as may be necessary, of a Judge of a High Court duly qualified for appointment as a Judge of the Supreme Court to be designated by the Chief Justice of India.

(2) It shall be the duty of the Judge who has been so designated, in priority to other duties of his office, to attend the sittings of the Supreme Court at the time and for the period for which his attendance is required, and while so attending he shall have all the jurisdiction, powers and privileges, and shall discharge the duties, of a Judge of the Supreme Court.

 

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