What is Article 128 of Indian Constitution – Defination & Meaning

Article 128: Attendance of retired Judges at sittings of the Supreme Court Notwithstanding anything in this Chapter, the Chief Justice of India may at any
📅 Part V – The Union
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Article Number

128

part

Part V – The Union

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Active

Bare Acts Text

Article 128: Attendance of retired Judges at sittings of the Supreme Court

  • 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.
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Full Definition & Explanation

Article 128 of the Indian Constitution allows the Chief Justice of India to invite retired judges to sit on the Supreme Court. This can happen when the Chief Justice believes that additional judges are needed to handle cases effectively. The retired judges who are invited must have previously held positions as judges in either the Supreme Court or the High Court. Importantly, these judges will have the same powers and privileges as regular judges during their time on the bench, but they will not be officially considered judges of the Supreme Court unless they choose to serve. This system helps manage the workload of the Supreme Court, especially during busy periods or when there are vacancies. The article also specifies that the retired judges will receive allowances determined by the President of India for their service in the Supreme Court. This provision enables the Supreme Court to maintain its functionality and ensure timely justice. For example, if there is a backlog of cases due to a shortage of judges, retired judges can step in to help clear the case load. This practice is particularly relevant in times of judicial emergencies or when the strength of sitting judges fluctuates. However, it is also necessary to note that retired judges are not obligated to accept this invitation. They must give their consent to sit and act as judges. This provision respects the wishes of retired judges, allowing them to choose whether to contribute to the judiciary after their retirement. The flexibility provided by Article 128 ensures that the Supreme Court can adapt to changing circumstances while still delivering justice efficiently.

Historical Context

Article 128 was included in the Constitution when it was adopted in 1950. During the Constituent Assembly debates, members recognized the need for a flexible judiciary that could adapt to changing circumstances. The article has not been amended since its inception, illustrating its lasting relevance in the Indian judicial system. It was designed to address temporary shortages in the number of sitting judges, ensuring that the Supreme Court can continue functioning effectively. Notable cases, like ‘All India Judges Association v. Union of India’, demonstrate the importance of maintaining adequate judicial strength to uphold justice.

Key Features

– The Chief Justice can invite retired judges to sit temporarily.
– Judges invited must have previously served in higher courts.
– Retired judges receive allowances determined by the President.
– The provision ensures judicial functions during emergencies or vacancies.
– Retired judges must consent before serving in the Supreme Court.

Importance & Impact

– This article helps manage the Supreme Court’s case load effectively and efficiently.
– It allows retired judges to step in when active judges are unavailable.
– This system respects the autonomy of retired judges, allowing them to choose.
– Inviting retired judges is a practical way to deliver timely justice.
– This provision ensures that the Supreme Court remains operational at all times.

Sample UPSC Question

Consider the following statements regarding Article 128 of the Indian Constitution: A) It allows retired judges to be invited for temporary service. B) The Chief Justice can do this without any consent from the judges. C) Retired judges receive allowances as per orders from the President. D) This article has been amended multiple times since 1950. Which of the above statements are correct? A) A and B only B) A and C only C) A, B, and D D) B and D only. Analyze the statements and select the correct answer.

Answer

The correct answer is B) A and C only. Article 128 allows the Chief Justice to invite retired judges to serve temporarily, and they receive allowances from the President. However, the Chief Justice must obtain consent from the retired judges, and the article has not been amended since its inception, making options B and D incorrect.

Key Takeaways

✓ Article 128 allows retired judges to assist temporarily in the Supreme Court.
✓ Judges must provide their consent to serve voluntarily.
✓ The Chief Justice plays a key role in inviting retired judges.
✓ Allowances for service are determined by the President of India.
✓ This provision ensures that the Supreme Court operates smoothly at all times.

FAQs

Article 128 of the Indian Constitution allows the Chief Justice of India to invite retired judges to sit on the Supreme Court. This can happen when the Chief Justice believes that additional judges are needed to handle cases effectively. The retired judges who are invited must have previously held positions as judges in either the Supreme Court or the High Court.

This provision enables the Supreme Court to maintain its functionality and ensure timely justice. For example, if there is a backlog of cases due to a shortage of judges, retired judges can step in to help clear the case load. This practice is particularly relevant in times of judicial emergencies or when the strength of sitting judges fluctuates.

They must give their consent to sit and act as judges. This provision respects the wishes of retired judges, allowing them to choose whether to contribute to the judiciary after their retirement. The flexibility provided by Article 128 ensures that the Supreme Court can adapt to changing circumstances while still delivering justice efficiently.

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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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