What is Article 124 of Indian Constitution – Defination & Meaning

Article 124: Establishment and constitution of Supreme Court (1) There shall be a Supreme Court of India consisting of a Chief Justice of India and, until
📅 Part V – The Union
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Article Number

124

part

Part V – The Union

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Active

Bare Acts Text

Article 124: Establishment and constitution of Supreme Court

  • (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 thirty-three 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 that 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 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.
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Full Definition & Explanation

Article 124 of the Indian Constitution establishes the Supreme Court of India as the country’s highest judicial authority. It specifies that the Supreme Court will consist of a Chief Justice and up to thirty-three other judges until Parliament decides otherwise. This structure is key for maintaining the independence of the judiciary and ensuring that the highest court in the land has a sufficient number of judges to handle the workload. The appointment of judges is carried out by the President, who consults with existing judges, ensuring that the selection process is collaborative and reflects the judicial system’s integrity. Judges hold their positions until they reach the age of sixty-five, emphasizing the need for experienced individuals in these roles. The article also outlines the qualifications for becoming a Supreme Court judge: one must either be a High Court judge for at least five years, an advocate for ten years, or a distinguished jurist as recognized by the President. This set of criteria ensures that only those with substantial legal expertise and experience can ascend to this prestigious position. Also, Article 124 includes provisions for the removal of judges, which requires the support of both Houses of Parliament. This requirement helps protect judges from arbitrary dismissal and preserves judicial independence. The article also mandates an oath of office for judges, reinforcing their commitment to uphold the Constitution. Overall, Article 124 lays the foundation for a robust judicial system that plays a key role in interpreting laws and safeguarding citizens’ rights.

Historical Context

It specifies that the Supreme Court will consist of a Chief Justice and up to thirty-three other judges until Parliament decides otherwise. This structure is key for maintaining the independence of the judiciary and ensuring that the highest court in the land has a sufficient number of judges to handle the workload. The appointment of judges is carried out by the President, who consults with existing judges, ensuring that the selection process is collaborative and reflects the judicial system’s integrity. Judges hold their positions until they reach the age of sixty-five, emphasizing the need for experienced individuals in these roles.

Key Features

– The Supreme Court consists of a Chief Justice and up to thirty-three judges.
– Judges are appointed by the President after consulting other judges.
– Judges hold office until they reach the age of sixty-five years.
– Removal of judges requires support from both Houses of Parliament.
– Candidates must meet specific qualifications to be eligible for appointment.

Importance & Impact

– The Supreme Court serves as the highest authority for legal matters.
– It ensures justice and upholds the Constitution for all citizens.
– Judicial independence is safeguarded through a detailed appointment process
– The age limit for judges ensures experienced individuals lead the court.
– Judges are held accountable through a structured removal procedure

Sample UPSC Question

Consider the following statements about Article 124: 1. Currently the Supreme Court has a Chief Justice and not more than seven other judges. 2. The collegium system for judicial appointments was established by the Second and Third Judges Cases. 3. Removal of a Supreme Court judge requires a special majority in both Houses of Parliament in the same session. 4. The National Judicial Appointments Commission (NJAC) was struck down in 2015 as unconstitutional. Which statements are correct? a) 2 and 3 only b) 2, 3 and 4 only c) 1 and 4 only d) 1, 2, 3 and 4

Answer

Answer: b) 2, 3 and 4 only Statement 1 is wrong — Parliament has increased the strength beyond the original seven; the Court now has 34 judges. Statement 2 is correct — the collegium system emerged from the Judges Cases. Statement 3 is correct per Article 124(4). Statement 4 is correct — in Supreme Court Advocates-on-Record Association v. Union of India (2015), the NJAC established by the 99th Amendment was struck down.

Key Takeaways

✓ Article 124 establishes the Supreme Court of India.
✓ It outlines the appointment process for judges
✓ Judges serve until the age of sixty-five years.
✓ Removal of judges requires parliamentary support
✓ Specific qualifications are necessary for judicial appointments

FAQs

Article 124 of the Indian Constitution establishes the Supreme Court of India as the country’s highest judicial authority. It specifies that the Supreme Court will consist of a Chief Justice and up to thirty-three other judges until Parliament decides otherwise. This structure is key for maintaining the independence of the judiciary and ensuring that the highest court in the land has a sufficient number of judges to handle the workload.

The article also outlines the qualifications for becoming a Supreme Court judge: one must either be a High Court judge for at least five years, an advocate for ten years, or a distinguished jurist as recognized by the President. This set of criteria ensures that only those with substantial legal expertise and experience can ascend to this prestigious position. Also, Article 124 includes provisions for the removal of judges, which requires the support of both Houses of Parliament.

This requirement helps protect judges from arbitrary dismissal and preserves judicial independence. The article also mandates an oath of office for judges, reinforcing their commitment to uphold the Constitution. Overall, Article 124 lays the foundation for a robust judicial system that plays a key role in interpreting laws and safeguarding citizens’ rights.

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Pramod Pal Founder and Editor-in-Chief

Pramod is the Founder and Editor-in-Chief of StudyHub. He holds a Master's degree and is currently pursuing a Ph.D. in Geology, alongside more than 7+ years spent building and verifying competitive exam content for Indian aspirants. He leads StudyHub's editorial process across Indian Polity, the Constitution, Indian Economy, History, Geography, Science, and the platform's other subject areas — checking every article against primary sources (bare act text and Gazette notifications for constitutional topics, government and Economic Survey data for economy content, standard reference material elsewhere) and flagging it for re-verification whenever a relevant amendment, policy, or data update makes an earlier version outdated.
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