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

Before a retired judge can be invited to sit in the Supreme Court under Article 128, the prior consent of the President of India is required. This constitutional safeguard ensures that the appointment process remains transparent and accountable. The President’s approval adds legitimacy to the invitation and reflects the system of checks and balances within the Constitution. It prevents arbitrary use of the provision and ensures that the participation of retired judges follows proper constitutional procedures. The requirement highlights the importance of maintaining judicial independence while also ensuring administrative oversight in matters concerning the Supreme Court.

5. Invitation by the Chief Justice of India

The Chief Justice of India plays a central role in implementing Article 128. When the Supreme Court requires additional judicial assistance, the CJI may invite a retired judge to sit and act as a judge of the Court. This invitation can only be made after obtaining the President’s prior consent. The CJI selects judges based on their experience, qualifications, and ability to contribute effectively to judicial work. By exercising this authority, the CJI helps maintain the efficiency of the Supreme Court and ensures that pending cases are disposed of in a timely manner without compromising judicial standards.

6. Powers and Rights of Retired Judges Under Article 128

A retired judge invited under Article 128 enjoys the same powers, jurisdiction, privileges, and authority as a sitting judge of the Supreme Court while performing judicial duties. Such judges can hear cases, participate in proceedings, and contribute to judicial decisions. Their judgments and opinions carry the same legal value as those of regular judges during their period of service. However, they do not become permanent members of the Court. Granting equal powers ensures consistency and fairness in judicial proceedings. This arrangement allows the Supreme Court to benefit from experienced judges without altering its permanent composition.

7. Voluntary Consent of Retired Judges

Article 128 requires the voluntary consent of the retired judge who is invited to serve. No retired judge can be compelled to attend Supreme Court sittings against their wishes. The judge must willingly agree to undertake judicial responsibilities. This provision respects the personal freedom and dignity of retired judges while ensuring that only willing and capable individuals participate. Voluntary consent also guarantees that the judge remains committed to performing duties effectively. By making participation optional, the Constitution balances the need for judicial assistance with respect for the independence and personal choice of retired members of the judiciary.

8. Main Features of Article 128

Article 128 has several important features. First, it is a temporary arrangement designed to meet specific judicial needs. Second, retired judges invited under this provision do not become permanent judges of the Supreme Court. Third, they receive prescribed allowances, privileges, and facilities during their period of service. Fourth, they exercise the same judicial powers as regular judges while performing assigned duties. Finally, the provision can be used only after obtaining the President’s consent and the judge’s willingness to serve. These features ensure that the article remains a flexible mechanism for strengthening judicial administration.

9. Objective and Importance of Article 128

The primary objective of Article 128 is to ensure the smooth functioning of the Supreme Court. It helps maintain continuity in judicial work, reduces case backlogs, and improves the speed of justice delivery. By allowing retired judges to contribute their expertise, the provision strengthens the Court’s capacity to handle increasing workloads. It also promotes efficient utilization of experienced judicial talent that would otherwise remain unused after retirement. Article 128 reflects the Constitution’s commitment to ensuring access to justice and maintaining public confidence in the judicial system. It is therefore an important provision for judicial efficiency and effectiveness.

10. Examination-Oriented Facts About Article 128

Article 128 is an important topic for UPSC, State PCS, SSC, and judicial examinations. Key facts include: it deals with the attendance of retired judges at sittings of the Supreme Court; the invitation is made by the Chief Justice of India; prior consent of the President is mandatory; retired Supreme Court judges and eligible retired High Court judges may be invited; participation requires the judge’s voluntary consent; invited judges enjoy the same powers and privileges as sitting Supreme Court judges; and the arrangement is temporary in nature. Understanding these points is essential for Indian Polity and Constitutional Law preparation.