Law4u - Made in India

What is Constitution Of India Article 127?

Answer By law4u team

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.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Animesh Choukse

Advocate Animesh Choukse

Cheque Bounce, Court Marriage, Criminal, Property, Civil, Insurance, Divorce, Family, Motor Accident, High Court

Get Advice
Advocate Amit Kumar Verma

Advocate Amit Kumar Verma

Anticipatory Bail, Consumer Court, Court Marriage, Divorce, GST, Startup, Tax, Wills Trusts, Trademark & Copyright

Get Advice
Advocate Shyam Sundar

Advocate Shyam Sundar

Anticipatory Bail, Family, Child Custody, Criminal, Motor Accident

Get Advice
Advocate Birpal singh

Advocate Birpal singh

GST, Cheque Bounce, Anticipatory Bail, Criminal, Divorce, Tax

Get Advice
Advocate Samiksha Vaigankar

Advocate Samiksha Vaigankar

Anticipatory Bail, Arbitration, Cheque Bounce, Breach of Contract, Child Custody, Civil, Corporate, Court Marriage, Criminal, Divorce, Documentation, Domestic Violence, Labour & Service, High Court, Family, Motor Accident, Succession Certificate, RERA, Recovery, R.T.I, Startup, Revenue, Banking & Finance

Get Advice
Advocate R P Raju

Advocate R P Raju

Civil, Cyber Crime, Property, Criminal, Supreme Court

Get Advice
Advocate Shashank Tiwari

Advocate Shashank Tiwari

Anticipatory Bail, Cheque Bounce, Child Custody, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, High Court, Labour & Service, Medical Negligence, Motor Accident, Trademark & Copyright, Court Marriage, Consumer Court

Get Advice
Advocate Paras Verma

Advocate Paras Verma

Anticipatory Bail, Banking & Finance, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, GST, Domestic Violence, Family, High Court, Insurance, Labour & Service, Medical Negligence, Muslim Law, NCLT, Recovery, Succession Certificate, Supreme Court, Tax, Trademark & Copyright, 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.