Context
Supreme Court judge Justice Sandeep Mehta reportedly urged Chief Justice of India (CJI) Surya Kant to replace Rajasthan High Court Acting Chief Justice Sanjeev Prakash Sharma, alleging favouritism and misuse of administrative powers. The CJI stated that the concerns were being examined; the claims remain allegations.
Explanation
- Article 223 empowers the President to appoint a High Court judge to perform the Chief Justice’s duties during a vacancy or absence.
- An Acting Chief Justice performs judicial and administrative functions, including allocation of cases as the master of the roster.
- Article 222 permits the President to transfer a High Court judge after consultation with the Chief Justice of India (CJI).
- Under the Collegium system, evolved through the Second and Third Judges Cases, the CJI consults four senior-most Supreme Court judges on High Court transfers.
- Judicial independence, institutional integrity and due process require complaints to be examined without presuming guilt.
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