ARTICLE 128

PRERNA FOR IAS

ARTICLE 128

(CONSTITUTION)

1. Article 128 of the Indian Constitution – Attendance of Retired Judges

Article 128 of the Indian Constitution deals with the attendance of retired judges at sittings of the Supreme Court. This provision allows experienced retired judges to assist the Supreme Court when additional judicial support is required. The objective is to ensure continuity in judicial work and reduce delays in the disposal of cases. Under this article, retired judges may be requested to sit and act as judges of the Supreme Court for a specific period. Their participation strengthens the judicial system by utilizing their experience and expertise. Article 128 is an important constitutional mechanism for maintaining judicial efficiency.

2. What Does Article 128 Provide?

Article 128 empowers the Chief Justice of India (CJI) to invite retired judges to attend sittings of the Supreme Court when necessary. This can happen when there is a shortage of judges, a heavy backlog of cases, or a need for additional judicial assistance. The provision applies to retired judges of the Supreme Court and eligible retired judges of High Courts. Such judges may perform judicial duties after accepting the invitation. The article ensures that valuable judicial experience is not lost after retirement and can still be utilized for the effective administration of justice in the country.

3. Need for Inviting Retired Judges

The Supreme Court often faces challenges such as vacancies, increasing litigation, and delays in case disposal. Article 128 provides a solution by allowing retired judges to assist in judicial work when required. Their involvement helps reduce the burden on sitting judges and improves the efficiency of court proceedings. Retired judges possess extensive legal knowledge and practical experience, making them valuable contributors to the justice system. This provision ensures that important cases are heard without unnecessary delays. By strengthening judicial capacity, Article 128 supports the constitutional goal of delivering timely and effective justice to citizens.

4. Role of the President’s Prior Consent