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

Article 127: Appointment of ad hoc Judges

In plain words

If there is no quorum of Supreme Court Judges available to hold or continue a session, a High Court Judge qualified to be a Supreme Court Judge can be requested in writing to attend as an ad hoc Judge for as long as needed, with the President's consent and after consulting the Chief Justice of that High Court.

  • The designated Judge must give this priority over their other duties, and while attending has all the powers and duties of a Supreme Court Judge.
  • 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

(1) If at any time there should not be a quorum of the Judges of the Supreme Court available to hold or continue any session of the Court, [the National Judicial Appointments Commission on a reference made to it by the Chief Justice of India, may with the previous consent of the President] and after consultation with the Chief Justice of the High Court concerned, request in writing the attendance at the sittings of the Court, as an ad hoc Judge, for such period as may be necessary, of a Judge of a High Court duly qualified for appointment as a Judge of the Supreme Court to be designated by the Chief Justice of India.

(2) It shall be the duty of the Judge who has been so designated, in priority to other duties of his office, to attend the sittings of the Supreme Court at the time and for the period for which his attendance is required, and while so attending he shall have all the jurisdiction, powers and privileges, and shall discharge the duties, of a Judge of the Supreme Court.

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 127