Law4u - Made in India

What is Constitution Of India Article 128?

Answer By law4u team

Constitution Of India Article 128: Attendance of Retired Judges at Sittings of the Supreme Court

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.

NOTE

{2} Subs. by s. 5, ibid., for the Chief Justice of India (w.e.f. 13-4-2015). This amendment has been struck down by the Supreme Court in the case of Supreme Court Advocates-on-Record Association and another Vs. Union of India in its judgment dated 16-10-2015, AIR 2016 SC 117.

{3} Ins. by the Constitution (Fifteenth Amendment) Act, 1963, s. 3 (w.e.f. 5-10-1963).

Brief Detail

Article 128 allows the National Judicial Appointments Commission (NJAC), with the President’s consent, to request retired Judges of the Supreme Court or Federal Court, or a qualified High Court Judge, to attend and act as Judges of the Supreme Court when necessary. These retired Judges are entitled to allowances determined by the President but are not considered full-time Judges unless they consent to sit and act as such.

Question & Answers

When can a retired judge be requested to sit in the Supreme Court?

A retired judge can be requested to sit in the Supreme Court by the NJAC with the President's consent, if required, and provided the judge consents to do so.

What allowances are provided to retired Judges attending as Judges of the Supreme Court?

Retired Judges who are requested to attend as Judges are entitled to allowances as determined by the President, but they do not acquire full-time Judge status unless they agree to sit.

Example

If there is a shortage of sitting Judges in the Supreme Court, a retired Judge who has previously served on the Supreme Court may be called upon to temporarily act as a Judge, with their consent, to ensure the Court's functions continue without delay.

Summary

Article 128 permits the appointment of retired Judges, with their consent, to temporarily sit in the Supreme Court when needed, and they are entitled to allowances as determined by the President, but are not deemed full-time Judges.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Pandurang Autade

Advocate Pandurang Autade

Anticipatory Bail, Arbitration, Breach of Contract, Cheque Bounce, Civil, Consumer Court, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, Motor Accident, Property, Recovery

Get Advice
Advocate Satadru Sovon Ghosh

Advocate Satadru Sovon Ghosh

Anticipatory Bail, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Civil, Consumer Court, Corporate, Criminal, Cyber Crime, Documentation, Domestic Violence, Family, High Court, Immigration, Insurance, Landlord & Tenant, Media and Entertainment, Motor Accident, Property, R.T.I, Recovery, Succession Certificate, Trademark & Copyright

Get Advice
Advocate Sachin Gupta

Advocate Sachin Gupta

Anticipatory Bail,Breach of Contract,Cheque Bounce,Child Custody,Civil,Consumer Court,Court Marriage,Criminal,Divorce,Domestic Violence,Family,High Court,Insurance,Labour & Service,Motor Accident,Property,R.T.I,Recovery,Wills Trusts,

Get Advice
Advocate Santosh Kumar Dash

Advocate Santosh Kumar Dash

Cyber Crime, International Law, Media and Entertainment, R.T.I, Startup, Patent, Property, Trademark & Copyright, Tax, Labour & Service, Immigration, GST, Customs & Central Excise, Corporate, Civil, Consumer Court, Banking & Finance, Anticipatory Bail, Bankruptcy & Insolvency, Cheque Bounce, Court Marriage, Criminal, High Court, Family, Insurance, Landlord & Tenant, Revenue, Wills Trusts

Get Advice
Advocate Mohammad Ibrahim

Advocate Mohammad Ibrahim

Anticipatory Bail, Arbitration, Breach of Contract, Cheque Bounce, Civil, Consumer Court, Criminal, Family, Labour & Service, Motor Accident, Muslim Law, Succession Certificate, Wills Trusts, Revenue

Get Advice
Advocate Mohd Kadir

Advocate Mohd Kadir

Divorce, GST, Domestic Violence, Family, NCLT, Tax, Banking & Finance, Civil

Get Advice
Advocate Poorna Mahesh Yarramsetty

Advocate Poorna Mahesh Yarramsetty

Anticipatory Bail,Banking & Finance,Civil,Criminal,Family,

Get Advice
Advocate Dilip Fojmal Jain

Advocate Dilip Fojmal Jain

Anticipatory Bail, Breach of Contract, Cheque Bounce, Civil, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, Landlord & Tenant, Motor Accident, Property, R.T.I, Recovery, RERA, Succession Certificate, Tax, Revenue

Get Advice

The Constitution of India Related Questions

Discover clear and detailed answers to common questions about The Constitution of India. Learn about procedures and more in straightforward language.