Which of the following type of Judge/Judges can be appointed in the Supreme Court of India?
(i) ad hoc Judge
(ii) Additional Judge
Codes:

Question

UnlockIAS · Accepted Answer

Correct — A, '(i) is true and (ii) is false'. Article 127 lets the Chief Justice of India, with the President's prior consent, appoint a suitably qualified High Court judge as an ad hoc judge of the Supreme Court when there is no quorum of permanent judges to hold or continue a sitting — so (i) is true. The Constitution provides for 'additional judges' only in the High Courts (Article 224), to clear a temporary rise in business; it has no provision for additional judges in the Supreme Court — so (ii) is false.

Why the other options are wrong — (b) Reverses the truth values. Ad hoc judges of the Supreme Court do exist (Article 127), and there is no 'additional judge' post in the Supreme Court.  (c) Statement (ii) is false — 'additional judge' is a High Court concept (Article 224), not a Supreme Court one.  (d) Statement (i) is true — appointment of ad hoc judges to the Supreme Court under Article 127 is a real constitutional provision.

Concept: Besides its permanent judges (appointed under Article 124), the Supreme Court can be joined by ad hoc judges under Article 127 (when quorum falls short) and by retired judges who agree to sit under Article 128. 'Additional' and 'acting' judges are features of the High Courts (Article 224), not the Supreme Court.

State PCS 2020 Q7 — Indian Polity PYQ with Answer

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