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Article 127 Of Indian Constitution In English
Article 127 – Appointment of ad hoc Judges.
(1) If at any time there should not be a quorum of the Judges of the Supreme Court available to hold or continue any session of the Court, the Chief Justice of India may, with the previous consent of the President and after consultation with the Chief Justice of the High Court concerned, request in writing the attendance at the sittings of the Court, as an ad hoc Judge, for such period as may be necessary, of a Judge of a High Court duly qualified for appointment as a Judge of the Supreme Court to be designated by the Chief Justice of India.
(2) It shall be the duty of the Judge who has been so designated, in priority to other duties of his office, to attend the sittings of the Supreme Court at the time and for the period for which his attendance is required, and while so attending he shall have all the jurisdiction, powers and privileges, and shall discharge the duties, of a Judge of the Supreme Court.
Article 127 In English
127 Article – Appointment of ad hoc judges.
(1) If at any time the quorum of the Judges of the Supreme Court should not be available for the holding or continuance of any session of the Court, the Chief Justice of India may, with the prior concurrence of the President and after consultation with the concerned High Court Make a request in writing to the Chief Justice of the Court, duly qualified for appointment as a Judge of a High Court, as an ad-hoc Judge at the meetings of the Court, for such period as may be necessary. The Supreme Court is to be nominated by the Chief Justice of India.
(2) It shall be the duty of a Judge to attend, in preference to other duties of his office, at the meetings of the Supreme Court at the time and for the period for which his attendance is necessary, and, when therefore present, he shall have the powers of the Supreme Court. The Judge shall have all the jurisdiction, powers and privileges and shall discharge the duties.
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What Is Article 127 Of Indian Constitution?
In Article 127 you see “Appointment of ad hoc Judges” that means (1) If at any time there should not be a quorum of the Judges of the Supreme Court available to hold or continue any session of the Court, the Chief Justice of India may, with the previous consent of the President and after consultation with the Chief Justice of the High Court concerned, request in writing the attendance at the sittings of the Court, as an ad hoc Judge, for such period as may be necessary, of a Judge of a High Court duly qualified for appointment as a Judge of the Supreme Court to be designated by the Chief Justice of India. more above.
Article 127 Debate Summary
Draft Article 106 (Article 127) was debated on 27 May 1949. It laid down the rules relating to the appointment of ad-hoc judges to the Supreme Court of India. A member proposed that clause (1) be amended to stipulate that a judge of a High Court can be appointed as an ad-hoc judge only if he fulfills the provisions of the draft article necessary for the general appointment of a Supreme Court judge. 103 (Article 124) fulfill the criteria.
Another member proposed an amendment to clause (1), which required the Chief Justice of India to obtain the President’s assent before requesting a judge to perform ad hoc service in the Supreme Court. He argued that it was unfair to appoint a judge on an ad hoc basis without any input from the executive, especially as judges usually appointed by the President. The amendments were received positively by the Chairman of the Drafting Committee, and were accepted by the Assembly without debate. The amended draft article was adopted on 27 May 1949.
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