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yes I too feel the ans would be (b) 2 only, as even in the bare act Art-128 it is categorically mentioned the consent part in the last line
"Provided that nothing in this article shall be deemed to require any such person as aforesaid to sit and act as a Judge of that Court unless he consents so to do"
the term in the constitution is "requested", nowhere it is mentioned "called back" to sit and act as SC judge , prima facie too this statement appears devoid of consent required, i think the last line in the constitution is the catch here.
In supreme court retired judge recall , ANY JUDGE CAN BE RECALLED is not correct in my opinion as only judge who has given consent to be recalled can be recalled to act as judge , I think everyone is aware about appointment of adhoc judges but the TRICK here is ANY , what is your opinion over this
yes I too feel the ans would be (b) 2 only, as even in the bare act Art-128 it is categorically mentioned the consent part in the last line
"Provided that nothing in this article shall be deemed to require any such person as aforesaid to sit and act as a Judge of that Court unless he consents so to do"
the term in the constitution is "requested", nowhere it is mentioned "called back" to sit and act as SC judge , prima facie too this statement appears devoid of consent required, i think the last line in the constitution is the catch here.
