Appointment of ad hoc Judges
Article 127 — Appointment of ad hoc Judges
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.
Plain English Summary
This article explains how the Supreme Court can appoint temporary judges (ad hoc Judges) when needed. The Chief Justice of India can request a High Court Judge to temporarily join the Supreme Court as an ad hoc Judge for a specific time, provided the President consents and consultation with the concerned High Court is done.
Key Points
- The appointment of an ad hoc Judge requires a reference made by the Chief Justice of India.
- The appointment must have the previous consent of the President.
- The request involves consulting with the Chief Justice of the relevant High Court.
- The designated Judge must attend court sittings and exercise all the powers and privileges of a Supreme Court Judge during that period.
Why It Matters
This provision ensures that the Supreme Court can quickly staff itself with qualified judges when necessary, ensuring the smooth functioning of the judicial system.
Landmark Judgements
No major landmark judgements.