Current Status of Acting Chief Justices in Indian High Courts
As of July 20, 2026, seven out of the 25 High Courts in India are operating under the leadership of Acting Chief Justices (CJs). The High Courts affected include Bombay, Calcutta, Jammu & Kashmir and Ladakh, Madhya Pradesh, Patna, Punjab & Haryana, and Rajasthan. This situation has arisen due to routine judicial transfers, retirements, and a recent governmental decision to expand the Supreme Court’s bench strength, marking significant changes in the judiciary.
Expansion of the Supreme Court Bench
On May 17, 2026, the Supreme Court (Number of Judges) Amendment Ordinance was promulgated, increasing the number of judges from 33 to 37, excluding the Chief Justice of India. This amendment catalyzed a series of elevations to the Supreme Court, which explains the current vacancies in the positions of Chief Justices across several High Courts.
Supreme Court Elevations and Resulting Vacancies
The Supreme Court Collegium, led by Chief Justice of India Surya Kant, recommended the elevation of four High Court Chief Justices and a Senior Advocate to the Supreme Court on May 27. Those elevated include Justice Sheel Nagu, Justice Shree Chandrashekhar, Justice Sanjeev Sachdeva, Justice Arun Palli, and Senior Advocate V Mohana. The Central government acted swiftly, and by June 2, all five were sworn in as judges of the apex court. Consequently, the High Courts of Punjab and Haryana, Bombay, Madhya Pradesh, and Jammu & Kashmir and Ladakh are now overseen by Acting Chief Justices.
Appointment of Acting Chief Justices
According to Article 223 of the Indian Constitution, when the post of a Chief Justice becomes vacant, the President can appoint an Acting Chief Justice. As a result, Justice RV Ghuge is now the Acting CJ of Bombay High Court, Justice Ashwani Kumar Mishra for Punjab & Haryana, Justice Vivek Rusia for Madhya Pradesh, and Justice Sanjeev Kumar for Jammu & Kashmir and Ladakh. Meanwhile, Justice Sudhir Singh, Justice Sanjeev Prakash Sharma, and Justice Tapabrata Chakraborty have been appointed as Acting CJs of Patna, Rajasthan, and Calcutta High Courts, respectively, following retirements.
Upcoming Retirements in 2026
As we look ahead, five more Chief Justices are set to retire before the end of the year: Justice Ramesh Sinha from Chhattisgarh High Court, Justice MS Sonak from Jharkhand, Justice Harish Tandon from Orissa, Acting Chief Justice Sanjeev Prakash Sharma from Rajasthan, and Justice Manoj Kumar Gupta from Uttarakhand High Court. The retirements will commence with Justice Sinha on September 4 and Justice Sharma on September 26.
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Collegium’s Advance-Transfer Policy
In an effort to ensure a seamless transition, the Supreme Court Collegium introduced an advance-transfer policy in February 2026. This policy allows for the transfer of a judge expected to become a High Court Chief Justice approximately two months prior to the vacancy, facilitating familiarity with the court’s operations and administrative framework.
Future Considerations and Vacancies
Additionally, two Supreme Court judges, Justices Sanjay Karol and Satish Chandra Sharma, are anticipated to retire within the year, alongside two existing vacancies. As the Supreme Court functions with 35 judges, compared to the sanctioned strength of 37, filling these vacancies is a priority. The Collegium’s criteria for elevation to the Supreme Court includes seniority, merit, integrity, and diversity, though the process remains largely opaque.
Justice Harish Tandon stands as the senior-most among High Court Chief Justices and theoretically a strong candidate for elevation. However, his impending retirement in November 2026 complicates prospects. Justice Ramesh Sinha, fourth in seniority, faces similar constraints with his retirement around the corner. The Supreme Court Collegium, consisting of Chief Justice of India Surya Kant and Justices Vikram Nath, BV Nagarathna, MM Sundresh, and PS Narasimha, thus faces significant challenges in addressing these vacancies.
