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The Constitution of India -

128. Attendance of retired Judges at sittings of the Supreme Court.—

Notwithstanding anything in this Chapter,3[the National Judicial Appointments Commission] 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 Court4[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:


1    Subs. by the Constitution (Fifty-Fourth Amendment) Act, 1986, s. 2, for “clause (1)” (w.e.f. 1-4-1986).

2.    Subs. by the Constitution (Ninety-ninth Amendment) Act, 2014, s. 4, for “the Chief Justice of India may, with the previous consent of the President” (w.e.f. 13-4-2015). This amendment has been struck down by the Supreme Court vide its order dated the 16th October, 2015 in the Supreme Court Advocates-on-Record Association and Another Vs. Union of India reported in AIR 2016 SC 117.

3.    Subs. by ibid., s. 5, for “the Chief Justice of India” (w.e.f. 13-4-2015). This amendment has been struck down by the Supreme Court vide its order dated the 16th October, 2015 in the Supreme Court Advocates-on-Record Association and Another Vs. Union of India reported in AIR 2016 SC 117.

4.    Ins. by the Constitution (Fifteenth Amendment) Act, 1963, s. 3 (w.e.f. 5-10-1963).
 

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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