Question

Who appoints an Ad hoc judge in Supreme Court in the absence of quorum?
1. President of India
2. Parliament
3. Chief Justice of India
4. Vice President

Answer 1

Correct Answer - Option 3 : Chief Justice of India

The correct answer is the Chief Justice of India.

• Ad hoc judges can be appointed in the Supreme Court by “Chief Justice of India” with the prior consent of the President if there is no quorum of judges available to hold and continue the session of the court.

• Only the persons who are qualified to be appointed as Judges of the Supreme Court can be appointed as ad hoc judges of the Supreme Court. (Article 127).

• Further, as per provisions of Article 128, Chief Justice of India, with the previous consent of the President, request a retired Judge of the Supreme Court High Court, who is duly qualified for appointment as a Judge of the Supreme Court, to sit and act as a Judge of the Supreme Court.

• The salary & allowance of such judges is decided by the president. The retired Judge who sits in such a session of the Supreme Court has all the jurisdiction, powers, and privileges of the Judges BUT are NOT deemed to be a Judge.