- S.42(8) — It is the requirement of the Constitution Act to appoint the Acting Chief Justice in absence of the Chief Justice as a stop-gap arrangement for a short time — In the same way an Ad hoc Judge can be appointed for a certain period — Provision of the Constitution Act cannot be interpreted in a manner to bring to halt the functioning of the Court — Constitution is the solemn commitment of the people and the civilised nations to respect and honour the commitment made by themselves by strictly following the provisions of their Constitution — Constitutional provisions must be strictly complied with — If temporary vacancy of Acting Chief Justice or permanent vacancy of a Judge of this Court has not been filled in or the appointment of an Ad hoc Judge is against the scheme of the Constitution Act such factors would not be sufficient to affect the establishment of this Court — Provisions for establishment of this Court are in the Constitution Act — Without deleting such provisions it cannot be said that this Court has ceased to be the apex Court. In Re: Proceeding with regard to the provisions of S. 42 of the AJ&K Interim Constitution Act, 1974 2004 SCR 52 (D)
2. There are provisions for appointment of Acting President, Acting Prime Minister and Acting Speaker when the incumbents are absent or unable to perform functions of their offices due to any other cause — Office of Chief Justice is also a Constitutional office — When the Chief Justice is unable to perform the functions of his office the next senior Judge shall be appointed to act as Chief Justice during his absence — Such provisions have been incorporated in the Constitution Act to provide continuity to such offices — Held: That present Supreme Court is not constituted in accordance with the demands of sub-sections (3) & (8) of section 42 — The vacancy of second permanent Judge has not been filled in since the retirement of former Chief Justice — It would be appropriate to appoint a permanent Judge without wastage of further time. In Re: Proceeding with regard to the provisions of S. 42 of the AJK Interim Constitution Act, 1974 2004 SCR 52 (E)