Attendance of retired Judges at sittings of the Supreme Court
Article 128 — Attendance of retired Judges at sittings of the Supreme Court
- 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.
Plain English Summary
This article allows the National Judicial Appointments Commission (NJAC) to request retired Supreme Court or High Court judges to sit and act as a Judge of the Supreme Court. If they agree, these retired judges will receive allowances and powers equivalent to those of a sitting judge while performing this duty. However, a retired judge must explicitly consent to participate.
Key Points
- The National Judicial Appointments Commission (NJAC) can request retired judges to serve on the Supreme Court.
- A person must have previously been a Judge of the Supreme Court, Federal Court, or a High Court and be qualified for appointment as a Supreme Court Judge.
- The requested person is entitled to specific allowances and powers determined by the President.
- Participation is voluntary; a retired judge must consent to sit and act as a Judge.
Why It Matters
This provision ensures that experienced judicial minds can contribute to the Supreme Court's functioning even after they have retired, provided they willingly agree to take on this role.
Landmark Judgements
No major landmark judgements.