Table of Contents
Introduction: Article 124 of the Indian Constitution
Article 124 of the Indian Constitution lays the foundational framework for the establishment and functioning of the Supreme Court of India, the highest judicial authority in the country. It outlines the composition of the Supreme Court, including the number of judges, which has been increased to thirty-three by the Supreme Court (Number of Judges) Amendment Act, 2019.
The article also details the appointment, qualifications, and tenure of the judges, emphasizing the process for their appointment by the President on the recommendation of the National Judicial Appointments Commission (NJAC).
Additionally, it describes the conditions under which a judge can resign or be removed, ensuring checks and balances within the judiciary. This article is crucial for maintaining the independence and integrity of the Supreme Court, which plays a pivotal role in upholding the Constitution and delivering justice in India.
Establishment of the Supreme Court
- Supreme Court Composition: There shall be a Supreme Court of India, consisting of the Chief Justice of India (CJI) and, unless Parliament decides to increase the number, up to thirty-three other judges. This number was increased from seven to thirty-three by the Supreme Court (Number of Judges) Amendment Act, 2019.
Appointment of Supreme Court Judges
- Appointment: Every judge of the Supreme Court is appointed by the President of India based on the recommendation of the National Judicial Appointments Commission (NJAC).
- Term: Judges hold office until they turn 65 years old.
- Resignation: A judge can resign by writing to the President.
- Removal: A judge can be removed from office through a specific process outlined mentioned below.
Determining the Age of Judges
- The age of a Supreme Court judge is determined by an authority and in a manner decided by Parliament.
Qualifications for Appointment
- To be eligible for appointment as a Supreme Court judge, a person must:
- Be an Indian citizen.
- Have been a judge of a High Court (or multiple High Courts in succession) for at least five years.
- Have been an advocate in a High Court (or multiple High Courts in succession) for at least ten years.
- Be considered a distinguished jurist by the President.
Removal of Judges
- A Supreme Court judge can only be removed by the President after an address by both Houses of Parliament. This address must:
- Be supported by a majority of the total membership of each House.
- Have a two-thirds majority of members present and voting.
- Be made on the grounds of proven misbehavior or incapacity.
Regulation by Parliament
- Parliament can create laws to regulate the procedure for presenting an address for a judge’s removal and for investigating and proving the misbehavior or incapacity.
Oath or Affirmation
- Every judge appointed to the Supreme Court must take an oath or make an affirmation before the President or an appointed person before starting their duties.
Post-Retirement Restrictions
- Former Supreme Court judges cannot practice as advocates or appear in any court or before any authority in India after their retirement.
This article sets out the foundation for the Supreme Court’s establishment, the appointment and qualifications of its judges, and the procedures for their removal and retirement.
FAQs
1. What is Article 124 of the Indian Constitution?
Answer: Article 124 of the Indian Constitution establishes the Supreme Court of India. It outlines the composition, appointment, qualifications, tenure, and removal of Supreme Court judges.
2. How many judges are there in the Supreme Court of India as per Article 124?
Answer: Originally, Article 124 provided for a Chief Justice of India and up to seven other judges. However, this number has been increased to thirty-three by the Supreme Court (Number of Judges) Amendment Act, 2019.
3. Who appoints the judges of the Supreme Court of India?
Answer: Judges of the Supreme Court are appointed by the President of India based on the recommendation of the National Judicial Appointments Commission (NJAC).
4. What are the qualifications required to be appointed as a judge of the Supreme Court?
Answer: To be appointed as a judge of the Supreme Court, a person must be an Indian citizen and meet one of the following criteria:
1. Served as a judge of a High Court (or multiple High Courts in succession) for at least five years.
2. Been an advocate in a High Court (or multiple High Courts in succession) for at least ten years.
3. Considered a distinguished jurist by the President.
5. How long do Supreme Court judges serve?
Answer: Supreme Court judges serve until they reach the age of 65.
6. Can a Supreme Court judge resign? If so, how?
Answer: Yes, a Supreme Court judge can resign by writing a resignation letter addressed to the President of India.
7. Under what circumstances can a Supreme Court judge be removed from office?
Answer: A Supreme Court judge can be removed from office on the grounds of proven misbehavior or incapacity. The removal process involves an order by the President following an address by each House of Parliament supported by a majority of the total membership and at least two-thirds of the members present and voting.
8. How is the age of a Supreme Court judge determined?
Answer: The age of a Supreme Court judge is determined by an authority and in a manner specified by Parliament.
9. What is the role of the National Judicial Appointments Commission (NJAC) in the appointment of Supreme Court judges?
Answer: The NJAC is responsible for recommending candidates for appointment as judges of the Supreme Court to the President of India.
10. Can a former Supreme Court judge practice law after retirement?
Answer: No, a former Supreme Court judge is prohibited from practicing law in any court or before any authority within the territory of India after retirement.
11. What is the significance of Article 124 in the Indian judiciary system?
Answer: Article 124 is significant as it lays down the foundation for the Supreme Court of India, ensuring its establishment, the process of appointing judges, their qualifications, tenure, and removal. It upholds the independence and integrity of the judiciary, which is crucial for maintaining the rule of law and delivering justice in India.