AD-HOC JUDGES IN SUPREME COURT

Subject : Polity

Context : Ad hoc judges should not be appointed in lieu of regular recommendations, says Supreme Court.

Concept :

Ad hoc judges can be appointed in the Supreme Court by “Chief Justice of India” , if there is no quorum of judges available to hold and continue the session of the court.
He can do so only after consultation with the Chief Justice of the High Court concerned and with the previous consent of the president.
Only the persons who are qualified as to be appointed as Judge of the Supreme Court can be appointed as ad hoc judge of the Supreme Court. (Article 127).
Further, as per provisions of the Article 128, Chief Justice of India, with the previous consent of the President, request a retired Judge of the Supreme Court or High Court, who is duly qualified for appointment as a Judge of the Supreme Court, to sit and act as a Judge of the Supreme Court.
The salary & allowance of such judge are decided by the president.
The retired Judge who sits in such a session of the Supreme Court has all the jurisdiction, powers and privileges of the Judges BUT are NOT deemed to be a Judge.