ARTICLE 127

PRERNA FOR IAS

ARTICLE 127

1. Article 127 of the Indian Constitution – Appointment of Ad Hoc Judges

Article 127 of the Indian Constitution provides for the appointment of Ad Hoc Judges in the Supreme Court of India. This provision is used when there are not enough judges available in the Supreme Court to hear and decide pending cases effectively. The objective is to ensure the smooth functioning of the judiciary and avoid delays in the administration of justice. Under this article, a qualified judge from a High Court may be temporarily appointed to sit and act as a judge of the Supreme Court. Article 127 helps maintain judicial efficiency and continuity in the highest court of India.

2. When is an Ad Hoc Judge Appointed?

An Ad Hoc Judge is appointed when the number of judges available in the Supreme Court is insufficient to form the required bench or hear pending cases. Such situations may arise due to vacancies, retirements, illness, or an unusually high workload. The appointment is intended to address temporary shortages and ensure that judicial work continues without interruption. The provision is not meant for regular appointments but only for exceptional circumstances. By allowing additional qualified judges to assist the Supreme Court, Article 127 helps reduce delays and ensures that citizens receive timely justice through an effective judicial system.

3. Who Appoints an Ad Hoc Judge?

The appointment process under Article 127 is initiated by the Chief Justice of India (CJI). When the Supreme Court faces a shortage of judges, the CJI may request a qualified High Court judge to sit and act as an Ad Hoc Judge of the Supreme Court. However, the appointment cannot be made unilaterally. The Chief Justice must follow constitutional procedures and obtain the necessary approvals before making such a request. The role of the CJI is crucial because the office is responsible for maintaining the efficient functioning of the Supreme Court and ensuring that judicial proceedings are not delayed.

4. Consultation with the Chief Justice of the High Court

Before appointing an Ad Hoc Judge, the Chief Justice of India must consult the Chief Justice of the concerned High Court. This consultation ensures that the proposed judge is suitable and available for temporary service in the Supreme Court. The process also respects the independence and administrative authority of the High Courts. Consultation helps maintain coordination between the Supreme Court and High Courts while ensuring that judicial work in the High Court is not adversely affected. This requirement reflects the constitutional principle of cooperation within the Indian judicial system and ensures transparency in the appointment process.