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 Manish Kumar Sharma

Advocate Manish Kumar Sharma

Anticipatory Bail, Arbitration, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Motor Accident, Muslim Law, Succession Certificate, Supreme Court, Trademark & Copyright

Get Advice
Advocate Sanjay Sharma

Advocate Sanjay Sharma

Armed Forces Tribunal,Anticipatory Bail,Criminal,Family,Insurance,Muslim Law,Property,Divorce,Civil,Child Custody,Cheque Bounce,

Get Advice
Advocate Bhagaram Godara ( Bhavesh Godara)

Advocate Bhagaram Godara ( Bhavesh Godara)

Anticipatory Bail, Arbitration, Breach of Contract, Child Custody, Court Marriage, Criminal, Divorce, Domestic Violence, Family, High Court, Labour & Service, Landlord & Tenant

Get Advice
Advocate Sandeep Gupta

Advocate Sandeep Gupta

Family, Domestic Violence, Criminal, Anticipatory Bail, Arbitration, Child Custody, Court Marriage, Cheque Bounce, Consumer Court, Motor Accident, Muslim Law

Get Advice
Advocate Saket Upadhyay

Advocate Saket Upadhyay

Anticipatory Bail, Bankruptcy & Insolvency, Banking & Finance, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, GST, Domestic Violence, Family, High Court, Insurance, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Patent, Property, R.T.I, Recovery, Succession Certificate, Wills Trusts, Revenue, Armed Forces Tribunal, International Law, Documentation, Muslim Law, NCLT

Get Advice
Advocate Sundar Lal Kol

Advocate Sundar Lal Kol

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Documentation, GST, Domestic Violence, Family, High Court, Immigration, Insurance, International Law, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, NCLT, Patent, Property, R.T.I, Recovery, RERA, Startup, Succession Certificate, Supreme Court, Tax, Trademark & Copyright, Wills Trusts, Revenue

Get Advice
Advocate Rajesh Kumar Mehla

Advocate Rajesh Kumar Mehla

Anticipatory Bail, Cheque Bounce, Child Custody, Civil, Court Marriage, Criminal, Divorce, Domestic Violence, Family

Get Advice
Advocate Madhu Sudhanaa S

Advocate Madhu Sudhanaa S

Civil, Criminal, Divorce, Family, Domestic Violence, Cheque Bounce, Motor Accident

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.