Appointment of ad hoc Judges

Article 106, Draft Constitution 1948

(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 Chief Justice may, 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 to be nominated by the Chief Justice of India.

(2) It shall be the duty of the judge, who has been so nominated, 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.

Article 127, Constitution of India 1950

(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 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.

Draft Article 106 (Article 127) was debated on 27 May 1949. It laid out the rules pertaining to the appointment of ad hoc judges to the Supreme Court of India.

A member proposed that clause (1) be amended to stipulate that a High Court judge may be appointed as an ad hoc judge only if they meet the criteria under Draft Article 103 (Article 124) required for the ordinary appointment of a Supreme Court judge.

Another member proposed an amendment to clause (1) which required the Chief Justice of India to obtain the consent of the President before requesting a judge to serve ad hoc on the Supreme Court. He contended that it was be improper to appoint a judge on an ad-hoc basis without any input from the Executive, particularly as the President ordinarily appointed judges.

The amendments were positively received by the Chairman of the Drafting Committee, and were accepted by the Assembly without debate. The amended Draft Article was adopted on 27 May 1949.