Article 128 of Indian Constitution, Interpretation, Importance

A constitution is a set of fundamental principles or established precedents that outlines the framework for governance of a nation or entity. Article 128 of the Indian Constitution, located in Part V dealing with the Union, is a significant provision concerning the judiciary. It provides for the attendance of retired judges at sittings of the Supreme Court, allowing their temporary participation in judicial proceedings. This mechanism ensures that the Court can draw upon the experience and expertise of former judges when required, thereby supporting the efficiency, continuity, and integrity of the judicial system.

Article 128 of Indian Constitution

Notwithstanding anything in this Chapter, the Chief Justice of India 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.

Article 128 of Indian Constitution Interpretation

Article 128 of Indian Constitution empowers the Chief Justice of India (CJI), with the prior approval of the President, to request retired judges of the Supreme Court or High Courts to sit and act as judges of the Supreme Court on a temporary basis.

During such a period, these retired judges are entitled to allowances as determined by the President and enjoy the same jurisdiction, powers, and privileges as a sitting Supreme Court judge. However, their appointment under Article 128 does not confer upon them a permanent position in the Court.

This provision plays an important role in maintaining judicial efficiency and continuity. It allows the Court to address short-term needs such as clearing case backlogs or handling matters requiring specific expertise by drawing upon the experience of former judges. It also reflects a collaborative framework between the executive and the judiciary, ensuring flexibility in the administration of justice.

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