What is the Article 124?

By Harshal Vispute|Updated : August 16th, 2022

The establishment and composition of the Supreme Court are covered in Article 124. It stipulates that there will be a Chief Justice of India and up to seven additional judges, until a greater number is prescribed by law, on the Supreme Court of India. Additionally, it states that each Supreme Court Justice shall be chosen by the President through a warrant bearing his signature and seal, following consultation with the Justices of the Supreme Court and of the State High Courts as the President may deem necessary for the job. Each Justice shall serve until he turns 65 years old.

Article 124 - Constitution of India

Article 124 - Establishment and constitution of Supreme Court

(1) There will be a Supreme Court of India composed of a Chief Justice of India and up to seven more judges unless Parliament specifies a larger number in legislation.

(2) After consultation with those judges of the Supreme Court and of the High Courts in the States that the President may deem necessary for the purpose, each Justice of the Supreme Court shall be appointed by the President by warrant executed under his hand and seal, and shall hold office until he turns 65 years old:

With the condition that the Chief Justice of India must always be consulted before appointing a judge other than the Chief Justice:

Further provided that -

(a) A judge may retire from office by writing a letter to the president under his hand;

(b) A Judge may be dismissed from his position in accordance with clause (4).

(2A) A Supreme Court judge's age will be decided by the agency and in the way that Parliament may specify in a statute.

(3) A person must be an Indian citizen and meet the following requirements in order to be eligible for appointment as a Supreme Court judge:

(a) has served as a judge of a High Court for at least five years, or of two or more such Courts consecutively; or

(b) has served as an advocate for a High Court for at least 10 years, or for two or more successive High Courts; or

(c) is, in the opinion of the President, a distinguished jurist.

Explanation I: In this clause, "High Court" refers to a High Court that currently has jurisdiction over any area of Indian territory or that had jurisdiction over that area at any time before the commencement of this Constitution.

Explanation II: Any time a person has held judicial office that is not inferior to that of a district judge after becoming an advocate is taken into account when calculating the duration of time a person has been an advocate for the purposes of this section.

(4) A judge of the Supreme Court may not be removed from office except by order of the President issued after an address by each House of Parliament supporting the removal on the grounds of proven inappropriate behaviour or incapacity has been presented to the President in the same session. This address must be supported by a majority of the membership of that House as a whole and by a majority of at least two-thirds of the members of that House present and voting.

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

(6) Before taking up his or her position, each person nominated to the Supreme Court shall take an oath or affirmation in the manner prescribed for that purpose in the Third Schedule before the President or another person chosen in that capacity by the President.

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

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FAQs

  • The Supreme Court's establishment and composition are covered in Article 124. It indicates that there will be a Supreme Court of India made up of a Chief Justice of India and up to seven more judges until a larger number is prescribed by legislation. 

  • There are fundamental divisions between the criminal and civil court system, general and specialized courts, and appellate and trial courts. Additionally, there are federal, international, and constitutional courts.

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