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Consider the following statements: 1. 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. 2. The chief justice of India can request a retired judge of the Supreme Court or a retired judge of a high court to act as a judge of the Supreme Court for a temporary period. Which of the above-given statements is/are correct?

Consider the following statements: 1. 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. 2. The chief justice of India can request a retired judge of the Supreme Court or a retired judge of a high court to act as a judge of the Supreme Court for a temporary period. Which of the above-given statements is/are correct? Correct Answer Both 1 and 2

The correct answer is ​Both 1 and 2.

Important Points

  • Ad hoc Judge
    • When there is a lack of quorum of the 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. Hence, statement 1 is correct.
    • He can do so only after consultation with the chief justice of the High Court concerned and with the previous consent of the president.
    • The judge so appointed should be qualified for appointment as a judge of the Supreme Court.
    • It is the duty of the judge so appointed to attend the sittings of the Supreme Court, in priority to other duties of his office.
    • While so attending, he enjoys all the jurisdiction, powers and privileges (and discharges the duties) of a judge of the Supreme Court.
  • Retired Judges
    • At any time, the chief justice of India can request a retired judge of the Supreme Court or a retired judge of a high court (who is duly qualified for appointment as a judge of the Supreme Court) to act as a judge of the Supreme Court for a temporary period. Hence, statement 2 is correct.
    • He can do so only with the previous consent of the president and also of the person to be so appointed.
    • Such a judge is entitled to such allowances as the President may determine.
    • He will also enjoy all the jurisdiction, powers and privileges of a judge of Supreme Court.
    • But, he will not otherwise be deemed to be a judge of the Supreme Court.

Additional Information

  • Acting Chief Justice The President can appoint a judge of the Supreme Court as an acting Chief Justice of India when:
    1. the office of Chief Justice of India is vacant; or 
    2. the Chief Justice of India is temporarily absent; or
    3. the Chief Justice of India is unable to perform the duties of his office. 

Related Questions

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