MasteryExams
Indian Polity • JudiciaryMedium

Can a retired judge of the Supreme Court be requested to sit and act as a judge of the Supreme Court, and under which provision?

A. No, retired judges are strictly barred from sitting on benches.
B. Yes, under Article 128 by the Chief Justice of India with previous consent of the President.✓ Correct Answer
C. Yes, directly by a resolution passed by Parliament under Article 368.
D. Yes, under Article 127 only during vacation periods.

💡 Solution & Explanation

Article 128 of the Constitution empowers the Chief Justice of India to request a retired Supreme Court judge to sit and act as a judge with the prior consent of the President. Such temporary appointments help manage judicial backlogs and ensure quorum when necessary. Retired High Court judges can similarly be appointed under Article 224A.

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