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The Chief Justice of India can appoint ad hoc judges to the Supreme Court with the previous consent of the:
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Answer: Option A — President
Detailed Solution
Under Article 127, when there is a lack of quorum of permanent judges to hold or continue any session of the Supreme Court, the Chief Justice of India can appoint a judge of a High Court as an ad hoc judge of the Supreme Court for a temporary period, with the previous consent of the President.
Conditions for appointing ad hoc judges:
- There must be a lack of quorum of permanent judges.
- The Chief Justice of India must consult the Chief Justice of the High Court concerned.
- The judge must be duly qualified for appointment as a judge of the Supreme Court.
- The President's previous consent is necessary.
Duties of an ad hoc judge:
- It is his duty to attend the sittings of the Supreme Court in priority to his other duties.
- While he attends, he has all the jurisdiction, powers and privileges of a judge of the Supreme Court.
Retired judges (Article 128):
The Chief Justice of India, with the previous consent of the President, may request a retired judge of the Supreme Court or of a High Court qualified to be a Supreme Court judge, to sit and act as a judge of the Supreme Court.
Such a judge gets allowances decided by the President.
Ad hoc judges in High Courts:
- Article 224A allows the Chief Justice of a High Court, with the President's consent, to request retired High Court judges to sit as judges.
- In 2021, the Supreme Court allowed the appointment of ad hoc judges in High Courts to reduce the backlog of cases, subject to conditions.
Acting Chief Justice:
Under Article 126, the President can appoint a judge of the Supreme Court as acting Chief Justice when the office of Chief Justice is vacant or he is absent.
Why not the other options?
- ✗The Prime Minister, the Law Minister and Parliament do not give consent for appointing ad hoc judges.
Quick tip
Remember: Ad hoc judges (Article 127) = appointed by the CJI with the President's consent; retired judges (Article 128) also need the President's consent.
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Judiciary — Preparation
This question tests your understanding of Judiciary, a key topic in the General Knowledge section. The detailed solution above uses a step-by-step approach to show the reasoning, and where available, a shortcut that helps you solve similar questions in under 90 seconds during the actual exam.
This topic covers the Indian judiciary: the Supreme Court, High Courts and subordinate courts, the appointment and removal of judges, the collegium system, original, appellate and advisory jurisdiction, judicial review, public interest litigation, and bodies such as Lok Adalats and tribunals. Exams test the article that establishes the Supreme Court (Article 124), its advisory jurisdiction (Article 143), the power of High Courts to issue writs (Article 226), and the process for removing judges. Landmark judgments and the first holders of key judicial posts are also common, especially in law entrance exams such as CLAT and MAH LAW CET. Practise the judiciary questions below, written in the style of the general awareness sections of exams such as SSC, banking, railways, CUET GAT, MAH CET and CLAT. Each question comes with a detailed explanation that adds related facts, so every question helps you revise more than one point.