Part V - The Union • Article

Article 128 Simplified: Attendance of retired Judges at sittings of the Supreme Court

Article 128 allows the Chief Justice of India, with the President's consent, to invite retired Supreme Court or High Court judges to sit and act as judges of the Supreme Court temporarily. The retired judge's consent is mandatory.

Official Text

Notwithstanding anything in this Chapter, [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 [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.

Simple Meaning

Explain Like Ten

Sometimes, the court has too many cases, like a library with too many books to stack. The Chief Justice can ask a retired judge to come back temporarily to help out. But the retired judge has to say yes — they cannot be forced!

Student Mode

Article 128 provides for the attendance of retired judges at sittings of the Supreme Court. The Chief Justice of India may at any time, with the previous consent of the President, request any retired SC Judge or retired HC Judge (who is qualified to be an SC Judge) to sit and act as an SC judge. Note: The retired judge is not deemed a 'Judge of the Court' but enjoys all jurisdiction, powers, and privileges of an SC judge. Their consent is mandatory.

Example

If the Supreme Court faces a massive backlog of cases, the CJI can invite a recently retired judge to sit on a temporary vacation bench under Article 128 to help resolve pending matters.

Key Takeaway

Retired judges can be invited back to help the Supreme Court temporarily, but only if they agree.

FAQs

Is a retired judge sitting under Article 128 considered a permanent Supreme Court Judge?

No. While they have all the powers, jurisdiction, and privileges of an SC judge, they are not counted as a regular, permanent judge of the Supreme Court.

Can a retired judge be forced to sit in the Supreme Court?

No. Article 128 explicitly states that no retired person can be required to sit and act as a judge unless they consent to do so.

Quiz

Whose prior consent is required before the CJI invites a retired judge to sit under Article 128?

Answer: The President of India

Which of the following is required for a retired judge to sit and act in the Supreme Court under Article 128?

Answer: The retired judge's own consent