Part V - The Union • Article

Article 127 Simplified: Appointment of ad hoc Judges

Article 127 allows the Chief Justice of India, with the President's prior consent, to request a qualified High Court Judge to temporarily sit in the Supreme Court as an ad hoc judge if there is no 'quorum' (minimum number of judges) available to hold court.

Official Text

(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, [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 hocJudge, 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.

Simple Meaning

Explain Like Ten

If there aren't enough judges available in the Supreme Court to hear a case (like when teachers are sick and you need a substitute), the Chief Justice can ask a qualified judge from a High Court to step in temporarily as a helper judge.

Student Mode

Article 127 governs the appointment of ad hoc judges in the Supreme Court: (1) Trigger: Lack of quorum of Supreme Court judges to hold or continue a session. (2) Authority: Chief Justice of India, with previous consent of the President and after consultation with the Chief Justice of the concerned High Court. (3) Candidate: A High Court judge who is fully qualified to be appointed as an SC Judge. (4) Duty: The designated judge must attend sittings of the SC in priority to other duties, enjoying all powers and privileges of an SC judge.

Example

If a Constitution Bench requires a minimum of 5 judges to hear an urgent case but only 4 are available due to vacancies, the CJI can invite a qualified High Court judge to join the bench temporarily under Article 127.

Key Takeaway

The Chief Justice can appoint ad hoc judges to the Supreme Court temporarily when there are not enough judges to hold court.

FAQs

When are ad hoc judges appointed in the Supreme Court?

When there is a lack of quorum (minimum number of judges required) to hold or continue a session of the Supreme Court.

Who can be appointed as an ad hoc judge under Article 127?

Only a High Court judge who is fully qualified to be appointed as a Judge of the Supreme Court.

Is the prior consent of the President required to appoint an ad hoc judge?

Yes, the Chief Justice of India must obtain the previous consent of the President before requesting a High Court judge to serve.