Article 128 of the Indian Constitution
Title: Attendance of retired Judges at sittings of the Supreme Court
📜 What Article 128 States:
The Chief Justice of India (CJI), with the consent of the President, can request a retired judge of the Supreme Court or any High Court (who is qualified) to sit and act as a judge of the Supreme Court.
✅ Key Provisions Explained:
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Who Can Be Called?
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Retired Judges of:
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The Supreme Court, or
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Any High Court, who are qualified to be appointed as Supreme Court judges.
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Conditions:
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The retired judge must give consent.
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Appointment is made only with the President’s approval.
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They do not become Supreme Court judges again officially — it’s a temporary, honorary service.
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Duties and Powers:
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While attending, they have all the powers, jurisdiction, and privileges of a sitting judge of the Supreme Court.
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They are entitled to such allowances as decided by the President.
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Purpose:
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To aid the Supreme Court in handling case backlogs or when there is a temporary shortage of judges.
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🏛️ Why Article 128 Is Important:
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Helps ensure efficiency and continuity in judicial work.
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Utilizes the experience and wisdom of retired judges.
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Acts as a flexible provision to tackle temporary shortages or delays in appointments.
🧾 Example:
If the Supreme Court is burdened with too many pending cases, the Chief Justice may request a recently retired judge of the SC or a senior High Court judge to temporarily assist in hearings under Article 128.
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