(1) If the office of Chief Justice of India becomes vacant, or if the Chief Justice is, by reason of absence or for any other reason, unable to perform the duties of his office, these duties shall, until some person¹[appointed by His Majesty] to the vacant office has entered on the duties thereof, or until the Chief Justice has resumed his duties, as the case may in his discretion appoint²[ for the purpose].

³[(2) If the office of any other judge of the Federal Court becomesvacant, or if any such judge is appointed to act temporarily as Chief Justiceof India or is by reason ol absence, or for any other reason, unable to performthe duties of his office, the Governor-General may in his discretion appointa judge of a High Court who is duly qualified for appointment as a judgeof the Federal Court to act temporarily as a judge of that court, and theperson so appointed shall, unless the Governor-General in his discretionthinks fit to revoke his appointment, be deemed to be a judge of the FederalCourt until some person¹[appointed by His Majesty] to the vacant officehas entered on the duties thereof, or until the permanent judge has resumedhis duties.]

⁴[(3) If the Governor-General in his discretion is satisfied, afterconsidering a report from the Chief Justice of India--

(a) that in view of some personal interest which any judge of the Federal Court has in the decision of any particular case, or of some part which any judge of the Federal Court has already taken, as judge or counsel or otherwise, in or in relation to any particular case (whether or not while it was before the Federal Court), that judge ought not to take in the hearing and determination thereof, and

(b) that without that judge there are not sufficient judges of the Federal Court available to sit for that purpose, the Governor-General may in his discretion appoint a judge of a High Court who is duly qualified for appointment as judge of the Federal Court to act temporarily as a judge of that Court and the person so appointed shall, unless the Governor-General in his discretion thinks fit to revoke his appointment, be deemed to be a Judge of the Federal Court until that case has been heard and determined by the Federal Court].

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1. Substituted, by the India (Provisional Constitution) Order, 1947., by the words 'permanently appointed'.

2. Substituted, by the words 'as acting Chief Justice'.

3. Inserted by the India and Burma (Miscellaneous Amendment) Act, 1940 (3 & 4Geo. 6, Ch. 5) S. 5.

4. Added by the India (Federal Court Judges) Act, 1942 (5 & 6 Geo. 6, Ch. 7)S. 1 (with retrospective effect)