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.
Version 1
Article 199, Draft Constitution of India 1948
If by reason of any temporary increase in the business of any High Court or by reason of arrears of work in any such court, it appears to the President that the number of the judges of the court should be for the time being increased, the President may, subject to the foregoing provisions of this Chapter with respect to the maximum number of judges, appoint persons duly qualified for appointment as judges to be additional judges of the court for such period not exceeding two years as he may specify.
Version 2
Article 223, Constitution of India 1950
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.
Summary
Draft Article 198 (Article 223) was debated on 7th June 1949. It laid down the procedure to fill vacancies in the High Courts.
The Chairman of the Drafting Committee proposed that the Article should read as follows:
‘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.’
The amendment limited the scope of the Article so that it only applied to vacancies in the office of Chief Justice. It was adopted without debate.
The amended Draft Article was adopted on 7th June 1949.