Article 124 of Indian Constitution
📜 Article 124 – Establishment and Constitution of Supreme Court
Article 124 deals with the establishment, composition, and appointment of judges of the Supreme Court of India.
🔹 Text of Article 124 (Key Provisions)
Establishment of Supreme Court
There shall be a Supreme Court of India.
Appointment of Judges
The President shall appoint the Chief Justice and other judges of the Supreme Court.
The appointment of a judge other than the Chief Justice shall be made after consultation with the Chief Justice of India and such other judges of the Supreme Court and High Courts as the President may deem necessary.
Number of Judges
Parliament may by law regulate the number of judges of the Supreme Court (currently 34 including the Chief Justice).
Qualifications of Judges
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 a judge of a High Court (or High Courts in succession) for at least five years, or
(b) has been an advocate of a High Court (or High Courts in succession) for at least ten years, or
(c) is, in the opinion of the President, a distinguished jurist.
Age Limit
A judge of the Supreme Court holds office until the age of 65 years.
Removal of Judges
Judges can be removed by the President on grounds of proven misbehavior or incapacity, following a prescribed process (impeachment by Parliament).
🏛️ Key Features
| Feature | Details |
|---|---|
| Establishes the Supreme Court | Supreme Court is the highest court in India |
| Appointment Authority | President of India |
| Consultation for Appointment | Chief Justice of India + other judges (for non-CJI appointments) |
| Qualifications | Citizenship + experience as Judge/Advocate or distinguished jurist |
| Tenure | Until 65 years of age |
| Removal | By Presidential order following parliamentary impeachment |
⚖️ Important Related Provisions
Collegium System: Over time, the Supreme Court evolved the “collegium system” where senior judges recommend appointments, which is now the norm for judicial appointments (not explicitly mentioned in Article 124 but evolved through judgments).
Judges’ Independence: Article 124 safeguards judicial independence by providing security of tenure and a strict removal process.
Summary Table
| Point | Description |
|---|---|
| Supreme Court | Established as apex court |
| Number of Judges | Regulated by Parliament (currently 34) |
| Appointment | By President, after consultation |
| Qualifications | Judge of HC for 5 years, or Advocate for 10 years, or distinguished jurist |
| Retirement Age | 65 years |
| Removal | By impeachment process |
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