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Article 124 of Indian Constitution - Detailed Analysis

Last Updated on Apr 03, 2025
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Overview

Name of the Article

Article 124 - Establishment and Constitution of Supreme Court

Part of the Constitutional Article

Part V

The Constitution of India is a comprehensive document that lays down the structure and functioning of the governmental bodies. Article 124 is a part of Indian Constitution under Part V which deals with ‘The Union’. The Supreme Court of India is the apex judicial authority in the country. It plays an important role in maintaining the rule of law and delivering justice to all. Article 124 of the Indian Constitution deals with the establishment and constitution of the Supreme Court. The provision provides the legal basis and framework for its operation. The Supreme Court is the final interpreter of the Constitution.

Interpretation of Article 124 of Indian Constitution

Article 124 of Indian Constitution deals with the establishment and constitution of the Supreme Court. The Supreme Court of India has a Chief Justice and other judges with the number of judges decided by Parliament. The Judges are appointed by the President in consultation with the Chief Justice of India under Article 124(2). A Judge of the Supreme Court holds office until the age of 65.

In S.P. Gupta v. Union of India (Judges Transfer Case I) a 7-Judge Bench of the Supreme Court led by Justice P.N. Bhagwati ruled that the executive had absolute control over judicial appointments and the role of the judiciary was limited to consultation. The Court highlighted that the recommendations of the CJI could be rejected for valid reasons.
The 9-Judge Bench of the Supreme Court Advocates-on-Record Association v. Union of India (Judges Transfer Case II, 1993) overruled the earlier decision. It highlighted that the CJI should have primacy in judicial appointments and transfers with consultation from the President and other senior judges.
In the In re Presidential Reference (1999) the President sought the opinion of the Court on the appointment and transfer process. The Court clarified that the CJI’s consultation process should involve multiple judges and that the opinion of CJI if not shared by the collegium would not be binding on the government.
Article 124(3) lays down the qualifications required for an individual to become a judge of the Supreme Court. The individual must-

  • Be a citizen of India
  • Have served as a judge of a High Court or at least two courts in succession for a minimum of five years
  • Have been an advocate of the High Court or at least two courts in succession for a minimum of ten years
  • Be recognized as a distinguished jurist in the opinion of the President

Article 124(4) of the Constitution stipulates that a Supreme Court judge cannot be removed from office except by a Presidential order following an address from both houses of Parliament. This address must be supported by a majority of the total membership and a two-thirds majority of the members present and voting on the grounds of proven misbehaviour or incapacity.
According to Article 124(5) a Supreme Court Judge may be removed on grounds of misbehaviour or incapacity.

Conclusion

Article 124 of Indian Constitution lays down the establishment and structure of the Supreme Court. It safeguards the independence and integrity of the judiciary by highlighting the procedure for the appointment, qualifications and removal of judges. The Supreme Court plays a vital role in upholding the rule of law and delivering justice. Its role is fundamental to maintaining the smooth operation of a democratic society.

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FAQs about Article 124 of Indian Constitution

Article 124 is mentioned under Part V of the Constitution of India.

Article 124 provides for the establishment and constitution of the Supreme Court of India including the appointment, qualifications and removal of Supreme Court judges.

Supreme Court judges are appointed by the President of India in consultation with the Chief Justice of India and other senior judges.

A person must be a citizen of India, have served as a High Court judge for at least 5 years, have been an advocate in a High Court for at least 10 years and be recognized as a distinguished jurist in the opinion of the President.

A Supreme Court judge holds office until the age of 65.

The Supreme Court ruled that the executive had absolute control over judicial appointments with the judiciary’s role limited to consultation.

The Supreme Court Advocates-on-Record Association v. Union of India (1993) case gave primacy to the Chief Justice of India in judicial appointments and transfers with consultation from the President and senior judges.

The Court clarified that the Chief Justice of India’s opinion must be formed through a collegium of multiple judges. If the collegium disagrees with the Chief Justice’s opinion, it will not be binding on the government.

Article 124(5) states that Parliament may regulate the procedure for presenting an address and investigating misbehavior or incapacity of a judge.
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