## CONSTITUTION 128

### CONSTITUTION 128 — Attendance of retired Judges at sittings of the Supreme Court
- https://unisonlegal.in/statutes/constitution/128

> 128. Attendance of retired Judges at sittings of the Supreme
Court.-Notwithstanding anything in this Chapter, 2[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 3[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:

1. Subs. by the Constitution (Ninety-ninth Amendment) Act, 2014, s. 4, for "the Chief
Justice of India may, with the previous consent of the President" (w.e.f. 13-4-2015).
This amendment has been struck down by the Supreme Court in the case of Supreme
Court Advocates-on-Record Association and another vs. Union of India in its judgment
dated 16-10-2015, AIR 2016 SC 117.
2. Subs. by s. 5, ibid., for "the Chief Justice of India" (w.e.f. 13-4-2015). This amendment
has been struck down by the Supreme Court in the case of Supreme Court Advocateson-Record Association and another Vs. Union of India in its judgment dated 16-102015, AIR 2016 SC 117.
3. Ins. by the Constitution (Fifteenth Amendment) Act, 1963, s. 3 (w.e.f. 5-10-1963).
IndiaCode
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.