Acting, Ad hoc and Retired Judges of the Supreme Court

Acting ad hoc judges provisions in the Constitution allow the Supreme Court to keep functioning even when its regular strength is temporarily reduced, whether because a permanent vacancy has arisen at the top or because there simply are not enough sitting judges available on a given day. Article 127 deals specifically with ad hoc judges, while related articles address an acting Chief Justice and the recall of retired judges.

Ad hoc Judges Under Article 127

Article 127(1) addresses a situation where there is no quorum of Supreme Court judges available to hold or continue a sitting of the Court. In that event, on a reference made by the Chief Justice of India, and after consultation with the Chief Justice of the High Court concerned, a sitting High Court judge who is duly qualified for appointment as a Supreme Court judge may be requested in writing to attend the sittings of the Supreme Court as an ad hoc judge, for such period as may be necessary, being a judge designated by the Chief Justice of India for that purpose.

Article 127(2) then makes attendance a duty rather than an option for the designated judge: it is that judge's obligation, in priority to other duties of the office, to attend Supreme Court sittings for the period required, and while so attending the judge functions as a judge of the Supreme Court.

The mechanism therefore addresses a narrow, practical problem — an immediate shortfall in the number of judges physically available to sit — by temporarily drawing on the pool of sitting High Court judges who already meet the eligibility bar for permanent appointment to the Supreme Court.

Table: Related Provisions at a Glance

Article	Subject matter
126	Appointment of an acting Chief Justice
127	Appointment of ad hoc Judges
128	Attendance of retired Judges at sittings of the Supreme Court

These three articles together form a cluster of provisions dealing with temporary and supplementary staffing of the Supreme Court, distinct from the ordinary permanent appointment process under Article 124.

Acting Chief Justice

Article 126 provides for the appointment of an acting Chief Justice of India, a mechanism used when the office of Chief Justice is vacant or the incumbent is unable to perform the duties of the office. This ensures the Court's highest administrative and judicial functions continue uninterrupted even during a transition at the top.

Retired Judges Recalled to Sit

Article 128 permits the attendance of retired judges at sittings of the Supreme Court, allowing an experienced former judge to be called back for a limited purpose without going through a fresh permanent appointment. This stands in contrast to the general post-retirement restriction under Article 124(7), which bars a retired Supreme Court judge from pleading or acting in any court or authority within India — a bar aimed at legal practice, not at a sanctioned return to the Bench under Article 128's own terms.

Why These Provisions Matter

All three mechanisms share a common purpose: preserving the Supreme Court's ability to function without dilution of quality, by drawing only on judges who are already qualified or experienced, rather than by lowering the threshold for who may sit on the Court. An ad hoc judge under Article 127 must be a sitting High Court judge otherwise eligible for permanent Supreme Court appointment; a recalled judge under Article 128 is, by definition, someone who has already served as a Supreme Court (or Federal Court) judge. The provisions supplement, rather than dilute, the qualification standards fixed under Article 124(3).

UPSC Relevance

Prelims

• Article 127 provides for ad hoc judges when there is no quorum of Supreme Court judges available.
• An ad hoc judge is drawn from sitting High Court judges who are duly qualified for Supreme Court appointment.
• Article 126 provides for an acting Chief Justice of India.
• Article 128 allows retired judges to be called to sit at the Supreme Court.

Mains

• Discuss how the ad hoc and retired-judge mechanisms under Articles 127 and 128 help maintain judicial continuity without compromising the qualification standards under Article 124(3).

FAQ

Q1. What is an ad hoc judge of the Supreme Court? Under Article 127, a sitting High Court judge, qualified for Supreme Court appointment, requested to attend Supreme Court sittings temporarily when there is no quorum of regular judges available.

Q2. Who designates an ad hoc judge? The Chief Justice of India, acting on a reference and after consulting the Chief Justice of the High Court concerned.

Q3. Which article deals with the appointment of an acting Chief Justice of India? Article 126.

Q4. Can a retired Supreme Court judge be called back to sit on the Court? Yes, Article 128 provides for the attendance of retired judges at sittings of the Supreme Court.

Q5. Is an ad hoc judge different from a permanently appointed Supreme Court judge? Yes. An ad hoc judge under Article 127 remains a High Court judge temporarily attending Supreme Court sittings; permanent appointment follows the separate process under Article 124.

Quick Revision

• Article 127: ad hoc judges fill quorum gaps; drawn from sitting, qualified High Court judges.
• Designation: by the Chief Justice of India, after consulting the concerned High Court's Chief Justice.
• Article 126: appointment of an acting Chief Justice of India.
• Article 128: retired judges recalled to sit at the Supreme Court.
• These mechanisms supplement, not dilute, Article 124(3) qualification standards.

Sources

• Constitution of India, Article 127 — https://legislative.gov.in/constitution-of-india/
• Constitution of India, Articles 126 and 128 — https://legislative.gov.in/constitution-of-india/
• Supreme Court of India, official website — https://www.sci.gov.in/

Further Reference

For deeper reading on this topic and the wider polity syllabus, these standard works are recommended:

• M. Laxmikanth, Indian Polity (McGraw Hill) — the standard UPSC handbook.
• D.D. Basu, Introduction to the Constitution of India (LexisNexis) — authoritative constitutional-law treatment.
• The Constitution of India — Bare Act — the official text.

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