What is the Article 124?

By BYJU'S Exam Prep

Updated on: November 9th, 2023

Article 124 of the Indian Constitution provides for the establishment and composition of the Supreme Court. It stipulates that the Supreme Court of India shall consist of a Chief Justice of India and seven additional judges unless a higher number is prescribed by law. In addition, it states that every Supreme Court Judge shall be elected by the President by means of a warrant bearing his signature and seal, after consultation with the judges of the Supreme Court and the State High Courts, as may be deemed necessary for the job by the President. Each judge shall serve till the age of 65 years.

Article 124 of the Indian Constitution

Article 124 speaks for the ‘Establishment and constitution of the Supreme Court‘. A detailed explanation has been mentioned below.

(1) There shall be a Supreme Court of India composed of the Chief Justice of India and seven more judges unless Parliament specifies larger numbers in law.

(2) Every Judge of the Supreme Court shall be appointed by the President by warrant executed under his hand and seal, after consultation with such judges of the Supreme Court and the High Courts of the States as the President may deem necessary for the purpose, and shall be 65 years Remain in office till the age of: With the condition that the Chief Justice of India must always be consulted before appointing a judge other than the Chief Justice.

Provisions of Article 124

Article 124 further provided that:

(1) A judge may retire from office by writing a letter to the President under his signature;

(2) A Judge may be dismissed from his office in accordance with clause (4).

(2A) The age of a Judge of the Supreme Court shall be determined by the agency and in such manner as Parliament may specify in a statute.

(3) To be eligible for appointment as a judge of the Supreme Court, a person must be an Indian citizen and must satisfy the following requirements:

  1. has served for at least five years as a Judge of a High Court or as a Judge of two or more such Courts continuously; either
  2. has served as an advocate for a High Court for at least 10 years, or for two or more consecutive High Courts; either
  3. is, in the opinion of the President, an eminent jurist.

Explanation I: In this section, “High Court” means a High Court which has jurisdiction over any area of ​​the Indian territory for the present or had jurisdiction over that area at any time before the commencement of this Constitution of India.

Explanation II: The time a person has held a judicial office not less than that of a District Judge after becoming an advocate is taken into account in computing the period of time a person has been an advocate for the purposes of this section.

(4) No judge of the Supreme Court may be removed from office unless issued after an order of the President has been issued by each House of Parliament showing unfair treatment or incapacity. on the basis of which the President is presented to the President. same session. This Address must be endorsed by a majority of the overall membership of that House and by a majority of not less than two-thirds of the members of that House present and voting.

(5) The procedure for furnishing an address and for investigating and proving the misconduct or incapacity of a Judge under clause (4) may be regulated by law.

(6) Before entering upon his office, every person nominated to the Supreme Court shall make an oath or affirmation before the President or any other person chosen in that capacity by the President in the manner prescribed for that purpose in the Third Schedule.

(7) No person who has served as a judge of the Supreme Court may argue any case or represent himself before any authority on Indian soil.

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