Attendance of retired Judges at sittings of the Supreme Court

Quick Summary (TL;DR)

Article 128 (Attendance of retired Judges at sittings of the Supreme Court): Defines the jurisdiction, judicial independence, and appellate powers of the Supreme Court of India.

In Simple Citizen Words

Article 128 ('Attendance of retired Judges at sittings of the Supreme Court') belongs to Part V, Chapter IV (The Union Judiciary). It defines the institutional architecture and jurisdiction of the Supreme Court of India—covering judicial appointments, salaries, Court of Record status (contempt power), original federal disputes (Art 131), constitutional/civil/criminal appeals (Arts 132–136), review of judgments (Art 137), or binding precedents (Art 141). Specifically: 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...

Key Constitutional Provisions

Constitutional Mandate (Art. 128): Directly codifies the legal rule for 'Attendance of retired Judges at sittings of the Supreme Court' under Part V

Sets a direct, self-contained constitutional command binding on public authorities across India

Backed by independent judicial oversight of the Supreme Court to protect constitutional legality

Exceptions & Reasonable Restrictions

Supreme Court powers are exercised by independent Benches according to constitutional rules and judicial discipline, insulated from political interference.

Why This Matters in Daily Life

Makes the Supreme Court the ultimate guardian of the Constitution and the final court of appeal for every citizen seeking justice.

Want deeper legal & historical context? Explore the official Bare Act or Supreme Court Precedents & CAD Debates:

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Dr. B. R. Ambedkar & Alladi Krishnaswamy Iyer

Drafting Committee Architects • May 24–27, 1949

🏛️ Constituent Assembly Debates (1946–1949)

Core Constitutional Debate & Dilemma

Framing context for Article 128: Creating a single integrated Supreme Court with wider appellate and constitutional jurisdiction than any other apex court in the world, while insulating judges from political pressure.

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"Our Judiciary must both be independent of the Executive and must also be competent in itself... The Supreme Court of India has wider powers than the highest court in any federation known to history."

Assembly Resolution & Final Synthesis

Constitutional resolution in Article 128: Enacted Articles 124–147 establishing the Supreme Court of India as guardian of the Constitution with original, appellate, SLP (Art 136), complete justice (Art 142), and binding precedent (Art 141) powers.

🏛️ Constitutional Significance: During the Constituent Assembly deliberations, Article 128 was codified as an integral pillar of India's constitutional governance.

Official Constitutional Text (Gazette Bare Act)

Authoritative statutory text as enacted and amended by Parliament • Clause-by-Clause Statutory Breakdown

India Code • Govt. of India Archive

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.

Public Domain & Statutory Authenticity Notice

Under Section 52(1)(q) of the Indian Copyright Act, 1957, the Constitution of India, Bare Acts of Parliament, Gazette Notifications, and Judicial Judgments of the Supreme Court and High Courts are in the Public Domain. Text is reproduced from the official Legislative Department, Ministry of Law & Justice, Government of India (India Code) archives.

Then vs Now: Constitutional Evolution & Visual Diff

Attendance of retired Judges at sittings of the Supreme Court

🟡 Textually Amended Since 1950 Baseline: Jan 26, 1950 → Today

ORIGINAL BASELINE (1950)

Enacted on 26 January 1950 by the Constituent Assembly as part of the original 395 Articles (Attendance of retired Judges at sittings of the Supreme Court). Subsequently refined through 1 Constitutional Amendment(s) to meet evolving democratic and governance needs.

CURRENT ENFORCEABLE STATUS (TODAY)

Enforceable Today with Amended Clauses: Article 128 (Attendance of retired Judges at sittings of the Supreme Court): Defines the jurisdiction, judicial independence, and appellate powers of the Supreme Court of India.

Key Amendment Milestones & Textual Modifications

15th Constitutional Amendment Act, 1963 — High Court Judges’ Retirement Age Raised to 62

Year 1963

Why it happened: Raised High Court Judges’ retirement age from 60 to 62 years and expanded High Court writ power under Article 226.

                                    Amended (128, 217, 226): High Court Judges’ Retirement Age Raised to 62                                

Article 127 Ask Nyaya Saarthi AI About This Article Article 129

Emergency Citizen Helplines

Attendance of retired Judges at sittings of the Supreme Court

Official Constitutional Text (Gazette Bare Act)

Then vs Now: Constitutional Evolution & Visual Diff

Key Amendment Milestones & Textual Modifications