Actual Article
Article 124: Establishment and constitution of Supreme Court
- Establishment of the Supreme Court:
- There shall be a Supreme Court of India, constituting a Chief Justice of India (CJI) and, until Parliament by law prescribes a larger number, not more than seven other judges.
- Appointment of Judges:
- 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 the appointment of a Judge other than the Chief Justice, the Chief Justice of India shall always be consulted.
- Qualifications for Appointment as a Judge:
- 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.
- Oath or Affirmation by Judges:
- 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.
- Tenure and Removal of Judges:
- A Judge of the Supreme Court shall hold office until he attains the age of sixty-five years.
- A Judge may resign his office by writing under his hand addressed to the President.
- A Judge may be removed from his office 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 misbehavior or incapacity.
- Acting Chief Justice:
- When the office of Chief Justice of India is vacant or when the Chief Justice is unable to perform the duties of his office, the duties shall be performed by such one of the other Judges of the Court as the President may appoint for the purpose.
- Ad hoc Judges:
- If at any time there is a lack of quorum of the Judges of the Supreme Court, the Chief Justice of India may, with the previous consent of the President, request in writing the attendance of a Judge of a High Court duly qualified to be appointed as a Judge of the Supreme Court to act as an ad hoc Judge of the Supreme Court for such period as may be necessary.
- Attendance of Retired Judges at Sittings of the Supreme Court:
- The Chief Justice of India may, with the prior consent of the President, request a retired Judge of the Supreme Court or a retired Judge of a High Court who is duly qualified for appointment as a Judge of the Supreme Court to sit and act as a Judge of the Supreme Court.
- Procedure of the Supreme Court:
- Subject to the provisions of this Constitution, the Supreme Court may from time to time, with the approval of the President, make rules for regulating the practice and procedure of the Court.
UPSC Notes for Article 124
Explanation:
- Establishment of the Supreme Court:
- The Supreme Court of India is established with a Chief Justice of India and other judges, the number of which can be increased by Parliament through legislation.
- Appointment of Judges:
- Judges of the Supreme Court are appointed by the President after consultation with judges of the Supreme Court and High Courts as deemed necessary. The Chief Justice of India must be consulted for appointing other judges.
- Judges hold office until the age of 65.
- Qualifications for Judges:
- Must be a citizen of India.
- Must have served as a High Court judge for at least five years, or as an advocate in High Courts for at least ten years, or be a distinguished jurist in the President’s opinion.
- Oath or Affirmation:
- Judges must take an oath or affirmation before assuming office.
- Tenure and Removal:
- Judges serve until 65, may resign, or be removed by a Presidential order after a parliamentary address supported by a two-thirds majority in both Houses on grounds of misbehavior or incapacity.
- Acting Chief Justice:
- The President can appoint another judge to perform the duties of the Chief Justice of India when the position is vacant or the Chief Justice is unable to perform duties.
- Ad hoc Judges:
- The Chief Justice of India can request High Court judges to serve as ad hoc judges of the Supreme Court with the President’s consent when there is a lack of quorum.
- Retired Judges:
- Retired judges of the Supreme Court or High Courts can be requested to serve temporarily with the President’s consent.
- Procedure:
- The Supreme Court, with the President’s approval, can make rules for its practice and procedure.
Key Points:
- Independence and Integrity: Ensures the Supreme Court’s independence through secure tenure and a rigorous appointment process.
- Checks and Balances: Requires consultation and parliamentary approval for appointments and removals, balancing executive power.
- Judicial Experience: Establishes high qualifications for judges, ensuring experienced and knowledgeable individuals serve on the Supreme Court.
- Operational Flexibility: Provides mechanisms for appointing acting and ad hoc judges to ensure the Supreme Court functions smoothly even during vacancies or shortages.
Important Cases and Commissions Related to Article 124
Cases:
- S.P. Gupta vs. Union of India (1981): Also known as the Judges’ Transfer Case, this case dealt with the independence of the judiciary and the role of the executive in judicial appointments.
- Supreme Court Advocates-on-Record Association vs. Union of India (1993): Established the collegium system for the appointment and transfer of judges, emphasizing judicial independence.
Commissions:
- National Commission to Review the Working of the Constitution (NCRWC) (2002): Recommended reforms to enhance the independence and efficiency of the judiciary, including the appointment process of judges.
- Second Administrative Reforms Commission: Suggested improvements in judicial administration, focusing on transparency and efficiency.
Previous Year Prelims Questions Related to Article 124
- (UPSC Prelims 2018) Which of the following is a qualification for appointment as a judge of the Supreme Court?
- A. Must be a distinguished jurist
- B. Must be a judge of a High Court for at least five years
- C. Must be an advocate in a High Court for at least ten years
- D. All of the above Correct Answer: D. All of the above
- (UPSC Prelims 2019) The power to appoint ad hoc judges in the Supreme Court is vested in:
- A. The President
- B. The Chief Justice of India
- C. The Prime Minister
- D. The Attorney General Correct Answer: B. The Chief Justice of India
Previous Year Mains Questions Related to Article 124
- Mains 2016: “Discuss the significance of Article 124 in ensuring the independence of the judiciary. How does the process of appointment and removal of Supreme Court judges safeguard judicial autonomy?”
- Mains 2019: “Analyze the role of the collegium system in the appointment of judges to the Supreme Court. How has the Supreme Court interpreted Article 124 to ensure transparency and accountability in judicial appointments?”
Additional Insights:
- Ensuring Judicial Independence: Article 124 establishes a robust framework for the appointment, tenure, and removal of Supreme Court judges, ensuring their independence and integrity.
- Collegium System: The Supreme Court’s interpretation of Article 124 led to the establishment of the collegium system, emphasizing judicial primacy in appointments.
- Operational Continuity: Provisions for ad hoc and acting judges ensure the Supreme Court functions efficiently even during vacancies, maintaining judicial continuity.
Understanding Article 124 is crucial for UPSC aspirants as it outlines the structure, appointment, and functioning of the Supreme Court of India, ensuring judicial independence and integrity. This knowledge is essential for both preliminary and main examinations, offering a comprehensive understanding of the constitutional provisions that govern the highest judicial body within India’s legal framework.