Constitution of India · Part VI: The States · Application of certain provisions relating to Supreme Court
Article 223: Appointment of acting Chief Justice
In plain words
When the office of Chief Justice of a High Court is vacant, or the Chief Justice is absent or otherwise unable to act, one of the other Judges appointed by the President performs the duties of the office.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Official text
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: India Code (Legislative Department), the official text of the Constitution of India. As amended up to the Constitution (One Hundred and Sixth Amendment) Act, 2023. Text as on 10 September 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the article 223
- K. Sreedhar Rao v. Union of India Through Secretary, Ministry of Law & Justice, New Delhi
- State of Uttaranchal v. Balwant Singh Chaufal & Others
- Jamshed N. Guzdar v. State of Maharashtra and Ors.
- Shri Ashok Tanwar and Anr. v. State of H.P. and Ors.
- Sh. P.K. Sarin and Anr. Etc. Etc v. State of U.Pand Ors Etc.
- S.P. Gupta & Ors. Etc. Etc. v. Union of India & Ors. Etc. Etc.
- Union of India Etc. v. Bhanudas Krishna Gawde and Ors. Etc.
- Union of India v. H. S. Dhillon