What is Article 127 of indian constitution

 

Article 127 of the Indian Constitution

Title: Appointment of ad hoc Judges

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📜 What Article 127 States:

If at any time there is a lack of quorum (minimum number of judges) to hold or continue sittings of the Supreme Court, the Chief Justice of India (CJI) may, with the previous consent of the President and in consultation with the Chief Justice of the concerned High Court, appoint a High Court judge as an ad hoc judge of the Supreme Court for a temporary period.

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✅ Key Provisions Explained:

1. When is it Used?

   • When the Supreme Court lacks sufficient judges to hold or continue sittings due to:

     • Vacancies,

     • Illness,

     • Heavy case load, etc.

2. Who Can Be Appointed?

   • A sitting High Court judge, with:

     • Consent of the judge themselves,

     • Consultation with the Chief Justice of their High Court,

     • Approval of the President of India.

3. Ad hoc Judge’s Role:

   • Has all the powers, privileges, and jurisdiction of a Supreme Court judge while serving.

   • Participates in Supreme Court proceedings, but continues to be a judge of their parent High Court.

4. No Effect on High Court Post:

   • The judge continues to be a High Court judge and returns to their duties after the ad hoc appointment ends.

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🏛️ Why Article 127 Is Important:

• Ensures that the Supreme Court’s functioning is not hindered due to lack of judges.

• Provides a temporary solution to handle case backlog or emergencies.

• Maintains judicial efficiency and access to justice.

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🧾 Example:

If multiple Supreme Court judges are on medical leave and the remaining judges are not enough to form a quorum, the Chief Justice of India may recommend a High Court judge to serve temporarily as an ad hoc Supreme Court judge under Article 127.

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