128

Article 128 1. Where the office of Chief Justice is vacant or the Chief Justice is for any reason unable to perform the functions of the office of Chief Justice - a. until a person has been appointed to and has assumed the functions of that office; or b. until the person holding that office has resumed the functions of that office, as the case may be, the functions of the office shall be performed by a Judge appointed by the President from Judges proposed by the Constitutional Appointments Authority. 2. Where - a. the office of a Judge is vacant; b. a Judge is for any reason unable to perform the functions of the office of a Judge; or c. the Chief Justice advises the President that the state of business in the Supreme Court so requires, d. the President may appoint a person from candidates proposed by the Constitutional Appointments Authority to act as a Judge - e. until a person has been appointed and has assumed the functions of that office; f. until the person holding that office has assumed the functions of that office; or g. until the President, on the advice of the Chief Justice, revokes the appointment as the case may be. 3. An appointment under clause (2)(c) may be made without reference to any numerical limit imposed under Article 125(6). CONSTITUTIONAL QUESTIONS