Article 124 of Indian Constitution

Original Text:

(1) There shall be a Supreme Court of India consisting of a Chief Justice of India and, until Parliament by law prescribes a larger number, of not more than [seven] other Judges.

(2) Every Judge of the Supreme Court shall be appointed by the President by warrant under his hand and seal 2 [on the recommendation of the National Judicial Appointments Commission referred to in article 124A] and shall hold office until he attains the age of sixty-five years:

• a Judge may, by writing under his hand addressed to the President, resign his office;
• a Judge may be removed from his office in the manner provided in clause (4).

(2A) The age of a Judge of the Supreme Court shall be determined by such authority and in such manner as Parliament may by law provide.]

(3) A person shall not be qualified for appointment as a Judge of the Supreme Court unless he is a citizen of India and—

• has been for at least five years a Judge of a High Court or of two or more such Courts in succession; or
• has been for at least ten years an advocate of a High Court or of two or more such Courts in succession; or
• is, in the opinion of the President, a distinguished jurist.

Explanation I.—In this clause, “High Court” means a High Court which exercises, or which at any time before the commencement of this Constitution exercised, jurisdiction in any part of the territory of India.

Explanation II.—In computing for the purpose of this clause, the period during which a person has been an advocate, any period during which a person has held judicial office not inferior to that of a district judge after he became an advocate shall be included.

(4) A Judge of the Supreme Court shall not be removed from his office except by an order of the President passed after an address by each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting has been presented to the President in the same session for such removal on the ground of proved misbehaviour or incapacity.

(5) Parliament may by law regulate the procedure for the presentation of an address and for the investigation and proof of the misbehaviour or incapacity of a judge under clause (4).

(6) Every person appointed to be a Judge of the Supreme Court shall, before he enters upon his office, make and subscribe before the President, or some person appointed on that behalf by him, an oath or affirmation according to the form set out for the purpose in the Third Schedule.

(7) No person who has held office as a Judge of the Supreme Court shall plead or act in any court or before any authority within the territory of India.

Explanation of Article 124 of Indian Constitution:

There must be a Supreme Court of India consisting of a Chief Justice of India, and the strength of the Supreme Court shall not be more than seven unless parliament prescribe [Article 124 (1)]

Initially, the strength of the Supreme Court judges was fixed at eight (one chief justice and seven other judges). This number of additional judges was gradually expanded by the Parliament, rising from ten in 1956 to thirteen in 1960, seventeen in 1977, twenty-five in 1986, thirty in 2008, and thirty-three in 2019.

Appointment of Judges

The President appoints the Supreme Court judges [Article 124 (2)].

• The chief justice is appointed after consultation with such judges of the high courts and the Supreme Court as he considers necessary for the purpose.
• Other judges are appointed after consultation with the chief justice of India and those Supreme Court and high courts judges which he considers necessary for the purpose.
• As per the Constitution, in the appointment of a judge other than the CJI, the President would always consult the CJI.

Tenure of Judges of Supreme Court

The tenure of a Supreme Court judge is not fixed by the Constitution. Article 124(2) states the following important provisions in this regard:

1. A Supreme Court judge holds office until the age of 65 years. Any dispute with regard to the age of the Supreme Court judge shall be decided by such authority as provided by Parliament.
2. A Supreme Court judge can resign from office by writing to the President [Article 124 (2a)].
3. A Supreme Court judge can be removed by an order of the President on the recommendation of the Parliament. [Article 124 (2b)].

Qualifications of Judges:

Article 124(3) mentions the following qualifications for the appointment of a Supreme Court judge:

1. He must be a citizen of India.
2. He must fulfil one of the following conditions:

• • He must have served as a judge of a High Court (or High Courts in succession) for five years; OR
  • He must have served as an advocate of a High Court (or High Courts in succession) for ten years; OR
  • In the opinion of the president, he must be a distinguished jurist.

The Constitution does not prescribe a minimum age for the appointment of the Supreme Court judge.

Removal of Judges of Supreme Court

The Constitution briefly discusses the removal process for Supreme Court judges under Article 124(4), which states that:

• A judge of the Supreme Court can be removed from his office only by an order of the President.
• The President passes a removal order after receiving an address from Parliament in the same session.
• This address must be supported by each House of Parliament through a special majority, i.e. a majority of the total membership of that House and a majority of not less than two-thirds of the members of that House present and voting.
• Removal can be done on the grounds of “proved misbehaviour” or incapacity.

Additionally, the Judges Enquiry Act (1968) also regulates the procedure relating to the removal of the Supreme Court judge through the process of impeachment:

1. The presiding officer of the house(Speaker or Chairman) must receive a resolution for the removal of the Supreme Court Judge signed by 100 members in the case of the Lok Sabha or 50 members in the case of the Rajya Sabha,
2. The Speaker/Chairman has the option to either admit or reject the motion for removal of the Supreme Court judge.
3. If the motion is admitted, then the presiding officer of the house (Speaker/Chairman) must constitute a three-member committee to investigate the charges levied against the Supreme Court judge.
4. The members of the Committee shall consist of:

• • Either the Chief Justice of India or a judge of the Supreme Court
  • Any chief justice of a high court and
  • A person who, in the opinion of the Speaker/Chairman, is a distinguished jurist.

5. The Committee shall frame charges against the Judge based on which the investigation is conducted.
6. The charges shall be communicated to the Judge in question, and he shall be given a reasonable opportunity to present a written statement of defence.
7. If the Committee report finds the Judge not guilty of the charges levied, then no further step is taken with respect to the motion in either House of Parliament.
8. If the Committee report finds that the Judge is guilty of the charges levied, i.e., guilty of misbehaviour or suffering from incapacity, the motion for the removal of the Supreme Court Judge can be taken up for consideration by Parliament.
   • If this motion is adopted by each House of Parliament through a special majority (i.e. a majority of the total membership of that House and a majority of not less than two-thirds of the members of that House present and voting), then the charges levied against the judge shall be considered proved, and an address asking for the removal of the Judge shall be presented to the President.
9. Subsequent to this, the president passed an order removing the Supreme Court judge.

Oath or Affirmation [Article 124(6)]:

• The Supreme Court judges, before entering upon office, are required to take an oath or affirmation before the President or a representative he has designated for this purpose.
• A judge of the Supreme Court swears under oath to:
  • bear true faith and allegiance to the Constitution of India;
  • uphold the sovereignty and integrity of India;
  • duly and faithfully carry out the duties of the Office to the best of his ability, knowledge, and judgment without fear or favour, affection or ill-will;
  • uphold the laws and the Constitution.

List of Amendments in Article 124 of Indian Constitution:

Amendment

Description

99th Amendment Act, 2014

Amendment in the process of appointment of high court and supreme court judges – It amended Article 124(2), which states every judge of the Supreme Court shall be appointed by the President on the recommendation of the National Judicial Appointment Commission (NJAC). Accordingly, no consultation is required with the judges of the Supreme Court and High Court as per the precedence set under the Collegium system.

For Further Reference:

Read the constitution of India.

Read Supreme Court of India

Other Related Links:

Indian Constitution: All Articles and schedules	Article 1 of Indian Constitution
Article 2 of Indian Constitution	Article 3 of Indian Constitution
Article 4 of indian Constitution	Article 5 of Indian Constitution
Fundamental Rights	DPSP
Fundamental Duties	Amendments of the Indian Constitution
Article 123 of Indian Constitution	Article 125 of Indian Constitution