What is Article 127 of Indian Constitution – Defination & Meaning

Article 127: Appointment of ad hoc Judges (1) If at any time there should not be a quorum of the Judges of the Supreme Court available to hold or continue any
📅 Part V – The Union
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Article Number

127

part

Part V – The Union

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Active

Bare Acts Text

Article 127: Appointment of ad hoc Judges

  • (1) If at any time there should not be a quorum of the Judges of the Supreme Court available to hold or continue any session of the Court,
    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.
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Full Definition & Explanation

Article 127 of the Indian Constitution allows for the appointment of ad hoc judges to the Supreme Court. This provision is used when there are not enough judges available to form a quorum, which is necessary for the court to operate. The Chief Justice of India plays a key role in this process. With the President’s consent and following consultation with the Chief Justice of the relevant High Court, the Chief Justice can request a High Court judge to serve temporarily in the Supreme Court. This ensures that the Supreme Court can continue its necessary functions without delays due to a lack of judges. The appointed ad hoc judges must prioritize their duties at the Supreme Court over their regular responsibilities. While serving in this capacity, they have the same powers, jurisdiction, and privileges as a regular Supreme Court judge. This arrangement helps maintain the efficiency of the judicial system, especially during times when regular judges may be absent due to various reasons, such as illness or retirement. It also helps in managing the workload of the Supreme Court, which has a major number of pending cases. Overall, Article 127 has a practical impact on the Indian judiciary. By allowing for temporary judges, it ensures that the Supreme Court remains functional and accessible to the public. This is particularly key because delays in justice can affect individuals’ lives and the functioning of democracy. By having this provision in place, the Constitution aims to uphold the rule of law and ensure that justice is delivered without unnecessary hindrance.

Historical Context

This provision is used when there are not enough judges available to form a quorum, which is necessary for the court to operate. The Chief Justice of India plays a key role in this process. With the President’s consent and following consultation with the Chief Justice of the relevant High Court, the Chief Justice can request a High Court judge to serve temporarily in the Supreme Court. This ensures that the Supreme Court can continue its necessary functions without delays due to a lack of judges.

Key Features

– Article 127 allows ad hoc judges to be appointed in the Supreme Court.
– The Chief Justice of India initiates the appointment process.
– Ad hoc judges must prioritize Supreme Court duties over other responsibilities.
– These judges have the same powers as regular Supreme Court judges.
– This provision helps maintain the court’s efficiency and manage case backlogs.

Importance & Impact

– Ad hoc judges ensure the Supreme Court remains functional at all times.
– This provision prevents delays in justice due to a lack of judges.
– It allows flexibility in managing the Supreme Court’s workload effectively.
– The appointment process involves consultation with the Chief Justice of the High Court.
– This reflects the Constitution’s commitment to delivering timely justice

Sample UPSC Question

Consider the following statements about Article 127: 1. The President can directly appoint ad hoc judges to the Supreme Court. 2. Ad hoc judges must be either retired Supreme Court judges or sitting High Court judges. 3. Ad hoc judges have all the jurisdiction and powers of permanent Supreme Court judges. 4. Ad hoc judges are appointed when there is a quorum deficiency in the Supreme Court. Which statements are correct? a) 2 and 4 only b) 2, 3 and 4 only c) 1 and 3 only d) 1, 2 and 3 only

Answer

Answer: b) 2, 3 and 4 only Statement 1 is wrong — it is the Chief Justice, not the President, who requests an ad hoc judge; however, the President’s prior consent is required. The appointment process is initiated by the Chief Justice. Statement 2 is correct — these are the two categories of ad hoc judges. Statement 3 is correct per Article 127(2). Statement 4 is correct — quorum deficiency triggers the need.

Key Takeaways

✓ Article 127 allows temporary judges in the Supreme Court.
✓ Chief Justice initiates the process for appointing ad hoc judges.
✓ Ad hoc judges have full powers of regular judges.
✓ This provision helps avoid delays in the judicial process.
✓ Maintaining judicial efficiency is a primary goal of Article 127.

FAQs

Article 127 of the Indian Constitution allows for the appointment of ad hoc judges to the Supreme Court. This provision is used when there are not enough judges available to form a quorum, which is necessary for the court to operate. The Chief Justice of India plays a key role in this process.

While serving in this capacity, they have the same powers, jurisdiction, and privileges as a regular Supreme Court judge. This arrangement helps maintain the efficiency of the judicial system, especially during times when regular judges may be absent due to various reasons, such as illness or retirement. It also helps in managing the workload of the Supreme Court, which has a major number of pending cases.

By allowing for temporary judges, it ensures that the Supreme Court remains functional and accessible to the public. This is particularly key because delays in justice can affect individuals’ lives and the functioning of democracy. By having this provision in place, the Constitution aims to uphold the rule of law and ensure that justice is delivered without unnecessary hindrance.

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Pramod is the Founder and Editor-in-Chief of StudyHub. He holds a Master's degree and is currently pursuing a Ph.D. in Geology, alongside more than 7+ years spent building and verifying competitive exam content for Indian aspirants. He leads StudyHub's editorial process across Indian Polity, the Constitution, Indian Economy, History, Geography, Science, and the platform's other subject areas — checking every article against primary sources (bare act text and Gazette notifications for constitutional topics, government and Economic Survey data for economy content, standard reference material elsewhere) and flagging it for re-verification whenever a relevant amendment, policy, or data update makes an earlier version outdated.
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