Article 128 of Constitution of India – Attendance of retired Judges at sittings of the Supreme Court
Article 128 of Constitution of India deals with Attendance of retired Judges at sittings of the Supreme Court
Original Text of Article 128 of Constitution of India
Notwithstanding anything in this Chapter, 2[the National Judicial Appointments Commission] may at any time, with the previous consent of the President, request any person who has held the office of a Judge of the Supreme Court or of the Federal Court 3[or who has held the office of a Judge of a High Court and is duly qualified for appointment as a Judge of the Supreme Court] to sit and act as a Judge of the Supreme Court, and every such person so requested shall, while so sitting and acting, be entitled to such allowances as the President may by order determine and have all the jurisdiction, powers and privileges of, but shall not otherwise be deemed to be, a Judge of that Court:
Provided that nothing in this article shall be deemed to require any such person as aforesaid to sit and act as a Judge of that Court unless he consents so to do.
Questions related to Article 128 of Constitution of India
Article 128 allows a retired judge of the Supreme Court or a High Court (qualified to be a Supreme Court judge) to sit and act as a judge of the Supreme Court, with prior consent from the President of India. This provision is part of the Constitution of India.
It helps the Supreme Court handle case backlogs or complex matters by utilizing the experience of retired judges. It’s a support mechanism, not a permanent reappointment, as per Article 128 of the Indian Constitution.
Yes, once appointed under Article 128, a retired judge has all the powers, privileges, and jurisdiction of a sitting Supreme Court judge during their tenure, as defined in the Articles of Indian Constitution.
The Chief Justice of India (CJI) requests the appointment, but the final approval must come from the President of India, ensuring constitutional procedure is followed, as referenced in Indian Kanoon.
You can explore Indian Kanoon for case laws, commentaries, and constitutional debates that detail the use, implications, and judicial practice related to Article 128 of the Constitution of India.
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