Home The Constitution Part V Article 128

Art. 128 Part V: The Union

Attendance of Retired Judges at Sittings of the Supreme Court

Exact text — Constitution of India

Notwithstanding 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... 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 Supreme Court...

In Plain English

What this Article actually means

This Article lets the Chief Justice (with the President's consent) call upon a genuinely RETIRED former Supreme Court (or the old Federal Court) judge to temporarily sit and act as a judge again — drawing on experienced former judges' expertise when needed, while making clear they aren't permanently reinstated as regular judges.

Why This Matters To You

How it shows up in everyday life

This provision has occasionally been used to bring back retired judges' expertise for specific needs, providing institutional flexibility beyond the sitting bench's regular capacity.

Read alongside this one

Art. 127 — Appointment of Ad Hoc Judges

Frequently Asked

Quick answers about Article 128

Does a retired judge recalled under this Article get the same pension and benefits as before, or new ones?

They receive specific allowances determined by the President for this temporary recall, separate from their existing pension arrangements as a retired judge.

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The text above reproduces Article 128 of the Constitution of India as amended to date, for general educational reference. It is public-domain legislative text, but we recommend cross-checking the authoritative version at legislative.gov.in or india.gov.in before relying on it for a legal matter. The explanation, examples and FAQs are general information, not legal advice — consult a qualified advocate for guidance on your specific situation.