Article 127 of the Costitution of India with Case law
Here is a detailed explanation of Article 127 of the Constitution of India along with relevant case law:
🏛️ Article 127 – Appointment of ad hoc Judges in the Supreme Court
🔹 Text of Article 127:
"If at any time there is not a quorum of the Judges of the Supreme Court available to hold or continue any session of the Court, the Chief Justice of India, with the previous consent of the President, may request in writing the attendance at the sittings of the Court, as an ad hoc Judge, for such period as may be necessary:
(a) a Judge of a High Court who is duly qualified for appointment as a Judge of the Supreme Court; or
(b) a retired Judge of the Supreme Court.
Such a Judge, while attending the sittings of the Supreme Court, shall have all the jurisdiction, powers and privileges of a Supreme Court Judge, but shall not otherwise be deemed to be a Judge of the Supreme Court.
🔍 Key Features:
Purpose:
To ensure functioning of the Supreme Court even when regular judges are insufficient for quorum (minimum number of judges).
Who can be appointed:
A sitting High Court Judge (qualified for SC)
A retired Supreme Court Judge
Authority for appointment:
The Chief Justice of India (CJI) must:
Obtain President’s consent.
Make a written request to the concerned judge.
Role & Powers:
The ad hoc judge has full powers as a Supreme Court Judge only for the session attended.
⚖️ Case Laws Related to Article 127:
1. Justice P. Jaganmohan Reddy’s Appointment (1973)
Relevance: He was appointed an ad hoc judge under Article 127.
Significance: This was one of the earliest uses of the provision, and established the validity and utility of Article 127 for temporary augmentation of the SC bench.
2. Ashok Kumar Thakur v. Union of India (2008)
Citation: (2008) 6 SCC 1
Relevance: The Supreme Court mentioned the necessity of having a full bench in constitutional matters and referred to Article 127 in the context of managing judicial strength.
3. Supreme Court Advocates-on-Record Association v. Union of India (Second Judges Case), 1993
Citation: (1993) 4 SCC 441
Relevance: While primarily on judicial appointments, the Court discussed the importance of independence of judiciary and mechanisms (like ad hoc appointments) to ensure court functionality.
🔎 Observations:
Article 127 preserves the continuity of justice at the apex court.
It provides flexibility without permanent appointment.
It is rarely invoked, typically used in cases of heavy backlog or constitutional benches.
🧾 Summary Table:
| Feature | Details |
|---|---|
| Article Number | 127 |
| Purpose | Appointment of ad hoc judges in SC |
| Appointer | Chief Justice of India (with President’s consent) |
| Eligible Persons | Qualified High Court Judges or Retired SC Judges |
| Powers of Appointed Judge | Same as sitting SC judge (for the period of attendance) |
| Nature of Appointment | Temporary, for specific sessions |
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