Article 124 of Indian Constitution: THE UNION JUDICIARY – Establishment and constitution of Supreme Court.
Article 124 THE UNION JUDICIARY – Constitution Of India
(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 seven2 other Judges.
(2) Every Judge of the Supreme Court shall be appointed by the President by warrant under his hand and seal after consultation with such of the Judges of the Supreme Court and of the High Courts in the States as the President may deem necessary for the purpose and shall hold office until he attains the age of sixty-five years: Provided that in the case of appointment of a Judge other than the Chief Justice, the Chief Justice of India shall always be consulted: Provided further that—
(a) a Judge may, by writing under his hand addressed to the President, resign his office;
(b) 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—
(a) has been for at least five years a Judge of a High Court or of two or more such Courts in succession; or
(b) has been for at least ten years an advocate of a High Court or of two or more such Courts in succession; or
(c) 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 twothirds 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 in 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.
What is Article 124 of Indian Constitution
Article 124 of the Indian Constitution deals with the “Establishment and Constitution of the Supreme Court.” It lays down the provisions regarding the Supreme Court of India, which is the highest judicial body in the country. Here are the key points covered in Article 124:
- Supreme Court: Article 124 establishes the Supreme Court of India as the apex court in the country. It is responsible for interpreting the Constitution, deciding on matters of law, and ensuring the consistency of legal decisions across the country.
- Composition of the Supreme Court:
- The Supreme Court consists of a Chief Justice of India (CJI) and such number of other judges as may be determined by Parliament.
- The CJI is appointed by the President of India and holds office until they attain the age of 65 years.
- Appointment of Other Judges: Other judges of the Supreme Court are appointed by the President on the advice of the CJI. In practice, the CJI consults with a collegium of senior judges in making recommendations for the appointment of other judges.
- Qualifications for Judges: A person eligible for appointment as a judge of the Supreme Court must have:
- Been a judge of a high court for at least five years, or
- Been an advocate of a high court for at least ten years, or
- Held a judicial office in India for at least ten years.
- Retirement Age: The retirement age for judges of the Supreme Court is fixed at 65 years.
- Independence of the Judiciary: Article 124, along with other provisions in the Constitution, ensures the independence of the judiciary, as judges are appointed by the President and can be removed only through a process of impeachment by Parliament.
- Jurisdiction: The Supreme Court has original jurisdiction in certain cases, appellate jurisdiction in various types of cases, and advisory jurisdiction in matters referred to it by the President.
Constitution Of India Part 5 The Union – Articles 52 to 151