What is Article 223 of Indian Constitution – Defination & Meaning

Article 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
📅 Part VI – The States
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📚 UPSC Relevant

Article Number

223

part

Part VI – The States

Status

Active

Full Definition & Explanation

Article 223 of the Indian Constitution addresses the situation when the office of the Chief Justice of a High Court is vacant. This can happen due to various reasons, including retirement, resignation, or absence due to health issues. In such cases, the President of India has the authority to appoint one of the other judges from the same High Court to perform the duties of the Chief Justice temporarily. This ensures that the judicial functions of the High Court continue without disruption, maintaining the rule of law and the administration of justice. This article specifically affects the functioning of High Courts across India. It provides a mechanism for leadership continuity within the judiciary, which is key for the effective operation of the legal system. For instance, if a Chief Justice is unable to serve, appointing another judge allows the court to handle cases without delay. This helps prevent a backlog of cases, ensuring that justice is served timely. However, the appointed acting Chief Justice does not have the same tenure or authority as a Chief Justice appointed permanently, which means their role is limited to managing current cases until a new Chief Justice is appointed. Real-world implications of Article 223 are evident during transitional periods in the judiciary. For example, when a Chief Justice retires and there is a gap before a new appointment, an acting Chief Justice can manage the court’s responsibilities. This article has been applied in various instances, ensuring that the judiciary remains functional and that public confidence in legal proceedings is upheld. It reflects the Constitution’s emphasis on the stability and continuity of the judicial system, which is key for maintaining justice in society.

Historical Context

Article 223 was included in the Constitution during its adoption in 1950 to ensure continuity in the judiciary. During the Constituent Assembly debates, members emphasized the need for a stable judicial system even during transitions. Since its inception, it has not undergone amendments, demonstrating its lasting relevance. Key Supreme Court cases, such as ‘Supreme Court Advocates-on-Record Association vs. Union of India’, have highlighted the importance of appointing acting Chief Justices to maintain judicial functions, particularly during vacancies. This provision underscores the need for a seamless transition in the High Court’s leadership.

Key Features

– The President appoints an acting Chief Justice when the position is vacant.
– The acting Chief Justice is typically selected from existing High Court judges.
– This article ensures continuity in judicial functions during transitions.
– The acting Chief Justice’s appointment is temporary and limited in scope.
– It helps prevent delays in justice due to leadership vacancies.

Importance & Impact

– This article maintains judicial operations effectively during the Chief Justice’s absence.
– It actively prevents a backlog of cases during transitional periods in the High Court.
– The provision ensures that public confidence in the judicial system remains strong.
– It facilitates timely appointments and smooth transitions in judicial leadership roles.
– This article supports the smooth and efficient functioning of High Courts throughout India.

Sample UPSC Question

Consider the following statements regarding Article 223 of the Indian Constitution: A. It addresses the appointment of an acting Chief Justice. B. The President selects an acting Chief Justice from any state. C. This article ensures continuity in judicial functions. D. An acting Chief Justice has the same authority as a permanent Chief Justice. Which of the statements is/are correct? 1. A and C only 2. A, B, and C only 3. A and D only 4. B, C, and D only

Which of the statements given above is/are correct?
(a) 1 and 2 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1, 2 and 3

Answer

The correct answer is 1. A and C only. Article 223 allows for the appointment of an acting Chief Justice to ensure judicial continuity. However, the President selects this judge from the existing High Court judges, not from any state, and the acting Chief Justice does not have the same authority as a permanent Chief Justice.

Key Takeaways

✓ Article 223 allows for the appointment of an acting Chief Justice.
✓ The acting Chief Justice is chosen from existing judges.
✓ This provision ensures that judicial functions continue without interruptions.
✓ It facilitates efficient transitions in judicial leadership roles.
✓ Public trust in the judicial system is preserved through this article.

FAQs

When the Chief Justice retires or is absent, the President appoints an acting Chief Justice from the pool of existing judges in the High Court. This ensures that the court’s functions continue without disruption. The acting Chief Justice manages ongoing cases until a new permanent Chief Justice is appointed, maintaining the integrity of the judicial process.

For instance, if a Chief Justice is unable to serve, appointing another judge allows the court to handle cases without delay. This helps prevent a backlog of cases, ensuring that justice is served timely. However, the appointed acting Chief Justice does not have the same tenure or authority as a Chief Justice appointed permanently, which means their role is limited to managing current cases until a new Chief Justice is appointed.

For example, when a Chief Justice retires and there is a gap before a new appointment, an acting Chief Justice can manage the court’s responsibilities. This article has been applied in various instances, ensuring that the judiciary remains functional and that public confidence in legal proceedings is upheld. It reflects the Constitution’s emphasis on the stability and continuity of the judicial system, which is key for maintaining justice in society.

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