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The Constitution of India in English 2026: page 91

The Constitution of India in English 2026, India Code delivered snapshot ed1820c0a1100c2c, physical page 91, typed edition 223d395df4de00897c78a4c0a752b32348d86f7c4f7013254fd4e03da46ceca0. Unreviewed extraction.

Source: official India Code PDF · catalog record. Fetched 2026-10-19T23:32:36Z. SHA-256 ed1820c0a1100c2c6aa8ece835a8c8a60f996ae7eba30cc1798233683c66cfba.

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Source cover/preface date: 10th September, 2026. Preface amendment statement: Constitution (One Hundred and Sixth Amendment) Act, 2023. Embedded PDF title: Constitution of India_ 20 MAY 2026 (final).pdf. These are distinct source labels, not currentness or commencement approval.

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60                      THE CONSTITUTION OF INDIA
                               (Part V.—The Union)
        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.
        126. Appointment of acting Chief Justice.—When the office of Chief
Justice of India is vacant or when the Chief Justice is, by reason of absence or
otherwise, unable to perform the duties of his office, the duties of the office
shall be performed by such one of the other Judges of the Court as the President
may appoint for the purpose.
        127. Appointment of ad hoc Judges.—(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, 1[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
                                                           e
sittings of the Court, as an ad hoc Judge, for such period as may be necessary,
                                                      od
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.
                                                 aC
        (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
                                             di
at the time and for the period for which his attendance is required, and while so
                                         In
attending he shall have all the jurisdiction, powers and privileges, and shall
discharge the duties, of a Judge of the Supreme Court.
        128. Attendance of retired Judges at sittings of the Supreme
Court.—Notwithstanding anything in this Chapter, 2[the National Judicial
Appointments Commission] may at any time, with the previous consent of the
President, request any person who has held the office of a Judge of the
Supreme Court or of the Federal Court 3[or who has held the office of a Judge
of a High Court and is duly qualified for appointment as a Judge of the
Supreme Court] to sit and act as a Judge of the Supreme Court, and every such
person so requested shall, while so sitting and acting, be entitled to such
allowances as the President may by order determine and have all the
jurisdiction, powers and privileges of, but shall not otherwise be deemed to be,
a Judge of that Court:


1. Subs. by the Constitution (Ninety-ninth Amendment) Act, 2014, s. 4, for "the Chief
   Justice of India may, with the previous consent of the President" (w.e.f. 13-4-2015).
   This amendment has been struck down by the Supreme Court in the case of Supreme
   Court Advocates-on-Record Association and another vs. Union of India in its
   judgment dated 16-10-2015, AIR 2016 SC 117.
2. Subs. by s. 5, ibid., for "the Chief Justice of India" (w.e.f. 13-4-2015). This amendment
   has been struck down by the Supreme Court in the case of Supreme Court Advocates-
   on-Record Association and another Vs. Union of India in its judgment dated 16-10-
   2015, AIR 2016 SC 117.
3. Ins. by the Constitution (Fifteenth Amendment) Act, 1963, s. 3 (w.e.f. 5-10-1963).

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