The Constitution of India
Attendance of retired Judges at sittings of the Supreme Court
- Jurisdiction
- India
- Provision
- 128
- Source language
- eng+tel
- Recorded status
- in force
More details
- Recorded status
- in force
Provision text
Official sourceanything in this Chapter, 2[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 Court 3[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. Substituted 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.
2. Substituted 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.
3. Inserted by the Constitution (Fifteenth Amendment) Act, 1963, s.3 (w.e.f.5.10.1963).
64 THE CONSTITUTION OF INDIA
(Part V. — The Union)
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.
Source record
Source and verification
The Constitution of India · legislative.gov.in · Retrieved 17 August 2026.
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