Constitution Section 127 — Appointment of ad hoc Judges

Part V — THE UNION — CHAPTER IV.—THE UNION JUDICIARY

Constitutional

Summary

If the Supreme Court does not have enough judges available to hold a session, the National Judicial Appointments Commission can ask a High Court judge to temporarily serve in the Supreme Court. This request is made by the Chief Justice of India, with the President’s approval and after consulting the Chief Justice of the High Court. The High Court judge must attend the Supreme Court as required, and while serving there, they have the same authority, rights, and responsibilities as a permanent Supreme Court judge.

Official Text

(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 National Judicial Appointments Commission on a reference made to it by 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.