Who has the authority to appoint a judge of the Supreme Court as an acting Chief Justice of India?

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UP Police SI (दरोगा) Official PYP (Held On: 13 Nov 2021 Shift 1)
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  1. The Prime Minister of India
  2. The President of India 
  3. The Chief Justice of Supreme Court
  4. The Vice-President of India 

Answer (Detailed Solution Below)

Option 2 : The President of India 
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UP Police SI (दरोगा) Official PYP (Held On: 2 Dec 2021 Shift 1)
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Detailed Solution

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The correct answer is The President of India.

Key Points

  • The authority to appoint a judge of the Supreme Court as an acting Chief Justice of India resides with the President of India.
  • This provision is governed under Article 126 of the Indian Constitution.
  • Such an appointment is made when the office of the Chief Justice of India is vacant or the Chief Justice is temporarily unable to perform their duties.
  • The President consults senior judges and legal experts before making this appointment.
  • This ensures continuity in the functioning of the judiciary at the highest level during periods of transition.

Additional Information

  • Article 124 of the Indian Constitution deals with the establishment and composition of the Supreme Court of India.
  • Article 126 specifies the mechanism for appointing an acting Chief Justice when the Chief Justice of India is unable to perform their duties.
  • The Chief Justice of India is the highest-ranking judge in the Supreme Court and heads the judiciary system of India.
  • The President of India exercises several judicial appointment powers, including appointing Supreme Court judges and the Chief Justice of India under Articles 124 and 126.
  • In the case of appointment of acting Chief Justice, consultation with senior judges and legal advisors ensures the decision aligns with constitutional and judicial requirements.
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