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 Om Shiv Pandey

Advocate Om Shiv Pandey

Anticipatory Bail, Arbitration, Child Custody, Civil, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, High Court, Muslim Law, Revenue

Get Advice
Advocate R S Raghuwanshi

Advocate R S Raghuwanshi

Cheque Bounce, Civil, Criminal, GST, Domestic Violence, Family, Insurance, Motor Accident, Tax, Trademark & Copyright

Get Advice
Advocate T A Kasim

Advocate T A Kasim

Customs & Central Excise, Cyber Crime, Documentation, High Court, Immigration, International Law, Landlord & Tenant, Property, Trademark & Copyright

Get Advice
Advocate Yojanya Murthy

Advocate Yojanya Murthy

Anticipatory Bail, Cheque Bounce, Child Custody, Civil, Consumer Court, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Property, R.T.I, Succession Certificate, Wills Trusts, Revenue, Muslim Law, Court Marriage, Banking & Finance, Bankruptcy & Insolvency

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 M Vedanarayanan

Advocate M Vedanarayanan

Cheque Bounce, Civil, Criminal, Domestic Violence, Revenue

Get Advice
Advocate Srishti Priya

Advocate Srishti Priya

Cheque Bounce, Civil, Consumer Court, Court Marriage, Customs & Central Excise, Criminal, Divorce, Documentation, Domestic Violence, Family, GST, R.T.I, Property, Recovery, Succession Certificate, Startup, Tax, RERA, Supreme Court, Trademark & Copyright

Get Advice
Advocate Raghvendra Singh Rajput

Advocate Raghvendra Singh Rajput

Anticipatory Bail, Arbitration, Cheque Bounce, Divorce, Domestic Violence, Family, Motor Accident, Cyber Crime, Succession Certificate, Criminal, Court Marriage, Documentation, High Court

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.