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Article 124: Establishment and constitution of Supreme Court

Constitution of India

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124

Establishment and constitution of Supreme Court

Union Government

📜 Official Text

(1) There shall be a Supreme Court of India consisting of a Chief Justice of India and, until Parliament prescribes a larger number, not more than seven other Judges (now 33, per the Supreme Court (Number of Judges) Amendment Act, 2019). (2) Every Judge is appointed by the President by warrant, and holds office until age 65. A Judge may resign by writing to the President, or be removed as provided in clause (4). (3) A person is qualified for appointment if a citizen of India who has been a High Court Judge for at least 5 years, or a High Court advocate for at least 10 years, or is, in the President's opinion, a distinguished jurist. (4) A Judge can only be removed by presidential order after an address by each House of Parliament, supported by a majority of that House's total membership and a two-thirds majority of those present and voting, on the ground of proved misbehaviour or incapacity.

💡 In Simple Words

This establishes the Supreme Court and sets out who can become a judge and how they can be removed - the removal bar is deliberately very high (majority of the full House, plus two-thirds of those voting, in both Houses) to protect judicial independence from political pressure. IMPORTANT: the text says judges are appointed "on the recommendation of the National Judicial Appointments Commission" (added by the 99th Amendment in 2014) - but the Supreme Court struck down that entire Commission and the amendment that created it as unconstitutional in October 2015 (Supreme Court Advocates-on-Record Association v. Union of India), for damaging judicial independence. In practice today, Supreme Court and High Court judges are appointed through the "collegium" system - a body of senior judges recommending appointments - which was restored by that 2015 judgment, not through the NJAC text that still appears in the printed Constitution.

🧭 Real-World Example

This is why, even though you'll find NJAC described in the Constitution's printed text, every recent Supreme Court judge has actually been appointed through the collegium system - a recommendation process led by the Chief Justice of India and senior-most judges - because the courts ruled the NJAC itself unconstitutional shortly after it was created.

#Supreme Court#judges#collegium#NJAC

← 123Power of President to promulgate Ordinances during recess of Parliament 124A →National Judicial Appointments Commission (struck down, not operative)