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Constitution of India · Part V: The Union · Chapter IV: The Union Judiciary

Article 128: Attendance of retired Judges at sittings of the Supreme Court

In plain words

With the President's consent, a retired Judge of the Supreme Court or the Federal Court, or a retired High Court Judge qualified to be a Supreme Court Judge, can be requested to sit and act as a Supreme Court Judge. They have the Court's powers while sitting, receive allowances the President fixes, but are not otherwise treated as a Judge of that Court.

  • No one can be required to sit unless they consent.
  • The printed text names the National Judicial Appointments Commission as the body making the request. The amendment that inserted that wording was declared unconstitutional.

A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.

Official text

Notwithstanding anything in this Chapter, [the National Judicial Appointments Commission] 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.

Source: India Code (Legislative Department), the official text of the Constitution of India. As amended up to the Constitution (One Hundred and Sixth Amendment) Act, 2023. Text as on 10 September 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.

Supreme Court judgments citing the article 128