‘Yes” Chief Justice of India be a Member of Parliament but after resignation, a judge should be free to resign his office and then it would be open to him to have all the rights of an ordinary citizen, including contesting a seat in the legislature, but certainly not during his tenure of office, Further The constitution of India provides that the Chief Justice of India shall act as the President of India in the event of the offices of both the President and the Vice President being vacant. When President Zakir Hussain died in office, the Vice President VV Giri, acted as the President. However, Mr. Giri resigned as the Vice President. Then the Chief Justice Hidayatullah became the acting President of India. When the newly elected President took office a month later, Justice Hidayatullah again became the Chief Justice of India.