Political Science · Political Institutions in India
Under Article 128, a retired judge may sit and act as a judge of the Supreme Court provided?
APost-facto approval of the President is taken
BApproval of the President is taken
CThe previous consent of the President is obtained ✓ Correct
DThe concurrence of the President is taken
Correct answer: (C) The previous consent of the President is obtained — A retired judge may sit in the Supreme Court only with the previous consent of the President.
Explanation
★A retired judge may sit in the Supreme Court only with the previous consent of the President.
★Article 128 allows the Chief Justice of India to request a retired judge to sit.
★This is done with the previous consent of the President.
★It also needs the consent of the retired judge concerned.
★Such a judge then has all the jurisdiction and powers of a Supreme Court judge.
★The word here is the previous consent, not mere later or post-facto approval.
★So the precise requirement is the previous consent of the President.
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