What is Constitution Of India Article 127?

Constitution Of India Article 127: Appointment of Ad Hoc Judges

1. If at any time there should not be a quorum of the Judges of the Supreme Court available to hold or continue any session of the Court, {1}[the National Judicial Appointments Commission on a reference made to it by the Chief Justice of India, may with the previous consent of the President] and after consultation with the Chief Justice of the High Court concerned, request in writing the attendance at the sittings of the Court, as an ad hoc Judge, for such period as may be necessary, of a Judge of a High Court duly qualified for appointment as a Judge of the Supreme Court to be designated by the Chief Justice of India.

2. It shall be the duty of the Judge who has been so designated, in priority to other duties of his office, to attend the sittings of the Supreme Court at the time and for the period for which his attendance is required, and while so attending he shall have all the jurisdiction, powers and privileges, and shall discharge the duties, of a Judge of the Supreme Court.

NOTE

{1} Subs. by the Constitution (Ninety-ninth Amendment) Act, 2014, s. 4, for the Chief Justice of India may, with the previous consent of the President (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.

Brief Detail

Article 127 provides for the appointment of ad hoc Judges to the Supreme Court when there is a lack of quorum among the Judges available to hold or continue a session. The National Judicial Appointments Commission (NJAC), with the consent of the President, may request a High Court Judge to attend as an ad hoc Judge for the required period, during which they will have full powers, jurisdiction, and responsibilities of a Supreme Court Judge.

Question & Answers

What happens when there is no quorum in the Supreme Court?

If there is no quorum of Supreme Court Judges available, ad hoc Judges from High Courts may be appointed to attend the sittings of the Supreme Court.

How are ad hoc Judges appointed?

The National Judicial Appointments Commission, with the President's consent and after consulting the Chief Justice of the High Court, may request a High Court Judge to attend as an ad hoc Judge.

Example

If several Supreme Court Judges are unavailable due to illness or other reasons, the Chief Justice of India may request a qualified High Court Judge to temporarily join the sessions of the Supreme Court to ensure the functioning of the Court.

Summary

Article 127 allows for the temporary appointment of ad hoc Judges from High Courts to the Supreme Court when there is insufficient quorum, ensuring the continuous operation of the Court's sessions.