Article 128 of Indian Constitution - Detailed Analysis
IMPORTANT LINKS
Part 5 of the Indian Constitution
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Overview |
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Name of the Article |
Article 128 - Attendance of retired Judges at sittings of the Supreme Court |
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Part of the Constitutional Article |
Part V |
A constitution is a set of fundamental principles or precedents of a particular entity which helps in understanding how it is supposed to be governed. Article 128 of Indian Constitution is an important provision under Part V which governs the functioning of the Union. It deals with the attendance of retired judges at Supreme Court sittings and enables their temporary inclusion in judicial proceedings. It plays an important role in maintaining the efficiency and integrity of the judicial system.
Interpretation of Article 128 of Indian Constitution
Article 128 of the Constitution states - “Not withstanding 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, been titled 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 empowers the Chief Justice of India (CJI) to request retired judges from the Supreme Court or High Courts to serve as temporary judges of the Supreme Court. The request requires prior approval of the President.
The retired Judges during their tenure are entitled to allowances as determined by the President and possess the same jurisdiction, powers and privileges as a Supreme Court judge. However, they do not hold a permanent position of the Supreme Court Judge.
The provision ensures judicial continuity by allowing the inclusion of experienced judges to address short-term requirements or manage case backlogs. It also shows a coordinated effort between the executive and judiciary. It offers flexibility in judicial administration by drawing on the expertise of retired judges.
Conclusion
Article 128 of Indian Constitution highlights the importance of retired judges and their ongoing contribution to the judicial system. The provision ensures continuity by allowing the participation of the Retired Judges in the proceedings of the Supreme Court. It bolsters the strength and integrity of the judiciary.
FAQs about Article 128 of Indian Constitution
What is the purpose of Article 128 of the Indian Constitution?
Article 128 allows retired judges of the Supreme Court or High Courts to sit as temporary judges in the Supreme Court.
Does the retired judge hold a permanent position in the Supreme Court?
The retired judge does not hold a permanent position as a judge of the Supreme Court.
Are there any financial benefits for retired judges sitting in the Supreme Court under Article 128?
The Retired judges are entitled to allowances as determined by the President during their tenure as temporary judges.
Does a retired judge have the same powers as a regular Supreme Court judge?
The retired judge has the same jurisdiction, powers and privileges as a regular Supreme Court judge.
Under which Part of the Constitution Article 128 is mentioned?
Article 128 is mentioned under Part V of the Constitution of India.