Under Article 128 of the Constitution, the Chief Justice of India
may, whenever, with the past assent of the President, ask
any individual who has held the workplace of a Judge of the Supreme Court to
sit and go about as a Judge of the Supreme Court. At whatever point, the need
for such an arrangement emerges, the Chief Justice of India will casually
sound the resigned Judge, whom he proposes to prescribe, with regards to the
last’s eagerness to serve and will there upon convey to the
Union Minister of Law, Justice and Company Affairs the name of the
Judge and the period for which he will be required to sit and go about as a
Judge of the Supreme Court. On the off chance that the Union Minister of Law, Justice and
Organization Affairs thinks of it as alluring to convey any indicate the notice
of the Chief Justice of India or to propose some other name, he may by
individual correspondence pass on his recommendations to the Chief Justice
of India. On getting the perspectives of the Chief Justice of India at last the
Union Minister of Law, Justice and Company Affairs will set up the
proposition to the Prime Minister who will exhort the President with regards to the
individual to be designated to sit and go about as a Judge of the Supreme Court.
When the President gives his agree to the arrangement, the
Secretary to the Government of India in the Department of Justice will
educate the Chief Justice of India and will declare and issue the
essential notice in the Gazette of India.
