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Articles are given in our Indian Constitution, in which one mark has been given to each provision where article 128 has also been told in the india constitution. Every person of India must have know about the Indian Constitution Articles.
Article 128 Of Indian Constitution In English
Article 128 – Attendance of retired Judges at sittings of the Supreme Court.
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 or who has held the office of a Judge of a High Court and is duly qualified for appointment as a Judge of the Supreme 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 Court: Provided that nothing in this article shall be deemed to require any such person as aforesaid to sit and act as a Judge of that Court unless he consents so to do.
Article 128 In English
128 Article – Attendance of retired judges in the meetings of the Supreme Court.
Notwithstanding anything contained 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 a Federal Court or who as a Judge of a High Court and duly qualified for appointment as a Judge of the Supreme Court and to act as a Judge of the Supreme Court, and every person so requested, so sitting and acting, shall be entitled to such allowances as the President may by order determine and shall have all jurisdiction, powers and privileges, but shall not otherwise be deemed to be a judge of that Court: Nothing in this article shall be deemed to require any such person as aforesaid to sit and act as a judge of that Court unless he consents to do so.
Note- All the things mentioned in this have been taken from the Indian Constitution itself. That is, it is the word of the constitution.
What Is Article 128 Of Indian Constitution?
In Article 128 you see “Attendance of retired Judges at sittings of the Supreme Court” that means 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 or who has held the office of a Judge of a High Court and is duly qualified for appointment as a Judge of the Supreme Court to sit and act as a Judge of the Supreme Court, and more above.
Article 128 Debate Summary
The draft Article 107 (Article 128) was debated on 27 May 1949. It authorized retired judges of the Supreme Court or Federal Court to sit on the Supreme Court subject to due process. A member proposed that the provision should be amended to require the Chief Justice to obtain the assent of the President before requesting a retired judge to sit on the Supreme Court.
The Chairman of the Drafting Committee responded positively to this amendment. The assembly accepted the amendment without any debate. The amended draft article was adopted on 27 May 1949.
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