Introduction

The Indian Constitution is the supreme law of the country, providing a framework for the functioning of the government and the judiciary. Article 128 of the Constitution specifically deals with the attendance of retired judges at sittings of the Supreme Court. This provision holds significant importance in maintaining the integrity and expertise of the highest court in the land.

Article 128: An Overview

Article 128 of the Indian Constitution states:

Every person who has held office as a Judge of the Supreme Court shall be entitled to such privileges and allowances and to such rights in respect of leave of absence and pension as may from time to time be determined by or under law made by Parliament and, until so determined, to such privileges, allowances and rights as are specified in the Second Schedule.

Provided that neither the privileges nor the allowances of a Judge nor his rights in respect of leave of absence or pension shall be varied to his disadvantage after his appointment.

This article ensures that retired judges of the Supreme Court are granted certain privileges, allowances, and rights. It recognizes their invaluable contribution to the judiciary and aims to provide them with the respect and benefits they deserve.

Attendance of Retired Judges at Sittings

One of the significant aspects of Article 128 is the provision that allows retired judges to attend sittings of the Supreme Court. This provision serves multiple purposes:

1. Utilizing Expertise

Retired judges bring with them a wealth of experience and knowledge gained during their tenure on the bench. Allowing them to attend sittings of the Supreme Court provides an opportunity to utilize their expertise in the resolution of complex legal matters. Their insights and perspectives can be invaluable in shaping the court's decisions.

2. Ensuring Continuity

The attendance of retired judges at sittings helps in maintaining continuity in the functioning of the Supreme Court. It ensures that there is no vacuum in terms of judicial knowledge and understanding, even after a judge retires. This continuity is vital for the consistent interpretation and application of the law.

3. Mentorship and Guidance

Retired judges can act as mentors and guides to the current judges of the Supreme Court. Their presence and interactions can help the new judges in understanding the intricacies of the judicial process and in honing their skills. This mentorship fosters a culture of learning and growth within the judiciary.

Limitations and Guidelines

While the attendance of retired judges at sittings of the Supreme Court is beneficial, certain limitations and guidelines are in place to ensure a smooth and efficient functioning of the court:

1. Discretion of the Chief Justice

The Chief Justice of India has the discretion to invite retired judges to attend sittings of the Supreme Court. The decision to invite a retired judge is based on various factors, including the nature of the case being heard and the expertise required. This discretion allows the Chief Justice to maintain the balance between utilizing the expertise of retired judges and ensuring the efficient functioning of the court.

2. Non-participation in Decision-making

While retired judges are allowed to attend sittings, they do not have the authority to participate in the decision-making process. They can observe the proceedings and offer their insights, but the final decision rests solely with the sitting judges. This ensures that the independence and integrity of the court are maintained.

3. Respect for Hierarchy

Retired judges are expected to respect the hierarchy of the Supreme Court. They should not interfere in the proceedings or undermine the authority of the sitting judges. Their role is to provide guidance and support, not to overshadow the current judges.

Conclusion

Article 128 of the Indian Constitution recognizes the importance of retired judges and their continued involvement in the judicial process. Allowing them to attend sittings of the Supreme Court ensures the utilization of their expertise, maintains continuity, and provides mentorship to the current judges. However, it is essential to maintain certain limitations and guidelines to ensure the smooth functioning and independence of the court. By striking a balance between the involvement of retired judges and the authority of sitting judges, Article 128 contributes to the overall strength and integrity of the Indian judiciary.