Part V - The Union • Article

Article 124 Simplified: Establishment and constitution of the Supreme Court

Article 124 is the 'Birth Certificate' of the Supreme Court of India. It creates the highest court in the land and explains how the Chief Justice and other judges are chosen and how they can be removed.

Official 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 [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: [*****] [Provided 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 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 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.

Simple Meaning

Explain Like Ten

This is the rule that sets up the Supreme Court of India — the ultimate court in the land. It explains that the President appoints the judges, they must be highly experienced legal experts, and they can keep their job until they turn 65.

Student Mode

Article 124 establishes the Supreme Court of India: (1) Composition: Chief Justice of India and other judges as prescribed by Parliament. (2) Appointment: By the President by warrant. (3) Qualifications: Must be an Indian citizen and either a High Court judge for 5 years, an advocate of a High Court for 10 years, or a distinguished jurist in the opinion of the President. (4) Tenure: Serves until age 65. (5) Removal: By impeachment on grounds of 'proved misbehaviour or incapacity' via an address supported by a special majority in both Houses of Parliament.

Example

Whenever a new Chief Justice of India (CJI) is appointed, it is done according to the rules laid down in Article 124.

Key Takeaway

Article 124 guarantees that India always has a powerful and independent Supreme Court to protect the law.

FAQs

What are the qualifications to become a Supreme Court Judge?

A person must be a citizen of India and either: (1) a judge of a High Court for at least 5 years; or (2) an advocate of a High Court for at least 10 years; or (3) a distinguished jurist in the opinion of the President.

How is a Supreme Court Judge removed?

By the President, after an address is passed by both Houses of Parliament in the same session by a special majority (majority of total membership AND 2/3rds of members present and voting) on grounds of proved misbehaviour or incapacity.

What is the retirement age for a Supreme Court Judge?

65 years.

Quiz

A Judge of the Supreme Court of India holds office until they attain the age of:

Answer: 65 years

Impeachment of a Supreme Court judge under Article 124 requires which majority?

Answer: Special majority in both Houses of Parliament