Article 124

Article 124 of the Constitution of India lays down the foundational framework for the establishment, composition, appointment, qualifications, tenure, and removal of judges of the Supreme Court of India, the apex judicial authority of the country. This article not only constitutes the Supreme Court but also ensures its independence and integrity, making it the guardian and final interpreter of the Constitution.

Establishment of the Supreme Court

The Supreme Court of India was formally established on 26 January 1950, replacing the Federal Court of India (established under the Government of India Act, 1935) and the Judicial Committee of the Privy Council as the highest appellate authority.
Under Article 124(1), the Court consists of:

• The Chief Justice of India (CJI), and
• Up to 33 other judges, as fixed by law.

This brings the total sanctioned strength to 34 judges. The Parliament, under the Supreme Court (Number of Judges) Amendment Act, 2019, increased the number of judges from 31 to 34 (including the Chief Justice).Appointment of Judges

Under Article 124(2), the President of India appoints every judge of the Supreme Court.

• While appointing the Chief Justice of India, the President consults such judges of the Supreme Court and High Courts as deemed necessary.
• For the appointment of other judges, the President is mandatorily required to consult the Chief Justice of India.

The process of judicial appointments has evolved through constitutional practice and judicial interpretation into what is known as the Collegium System, established by judicial precedent.
Evolution of the Collegium System:

1. S.P. Gupta v. Union of India (1981) – The First Judges Case:Held that the President’s decision was not bound by the advice of the Chief Justice, granting the executive primacy in appointments.
2. Supreme Court Advocates-on-Record Association v. Union of India (1993) – The Second Judges Case:Reversed the earlier view, giving primacy to the judiciary, and established the Collegium System led by the Chief Justice of India.
3. Re: Special Reference No. 1 of 1998 – The Third Judges Case:Clarified that the Collegium would consist of the CJI and four senior-most judges of the Supreme Court, whose collective opinion is binding on the President.

Tenure and Age of Retirement

Under Article 124(2), a Supreme Court judge holds office until the age of 65 years.
The provision ensures both stability and independence, balancing long judicial experience with periodic renewal of the bench. Judges may continue to serve until retirement unless they resign or are removed according to the prescribed constitutional procedure.

Resignation and Removal of Judges

Article 124(2) and (4) provide that:

• A judge may resign by writing to the President of India.
• A judge may be removed from office only on the grounds of proved misbehaviour or incapacity, and through a rigorous parliamentary process.

The procedure for removal is as follows:

1. A motion for removal must be introduced in either House of Parliament.
2. It must be supported by a majority of the total membership of that House and by two-thirds of members present and voting.
3. Upon passage, the motion is presented to the President, who then issues an order for removal.

This mechanism ensures that judges can be removed only through bipartisan consensus, thus protecting judicial independence.
The procedure for investigating charges is governed by the Judges (Inquiry) Act, 1968, which lays down detailed guidelines for inquiry into allegations against judges.

Qualifications for Appointment

According to Article 124(3), a person is qualified for appointment as a judge of the Supreme Court if they:

1. Are a citizen of India, and
2. Satisfy at least one of the following conditions:
   • Have been a judge of one or more High Courts for at least five years, or
   • Have been an advocate of one or more High Courts for at least ten years, or
   • Are, in the opinion of the President, a distinguished jurist.

Explanations under Article 124(3):

• The term “High Court” includes any High Court within India’s jurisdiction.
• Periods of service as a judicial officer not below the rank of District Judge may be included in calculating the experience required for advocates.

Oath of Office

Before assuming office, every judge of the Supreme Court must take an oath or affirmation before the President of India, or a person appointed by the President for this purpose.
The oath, prescribed in the Third Schedule of the Constitution, requires judges to:

• Uphold the Constitution and the law,
• Perform duties without fear or favour, and
• Maintain the dignity and impartiality of their office.

Prohibition on Pleading or Acting After Retirement

Under Article 124(7), a retired judge of the Supreme Court cannot plead or act in any court or before any authority in India.
This restriction ensures impartiality and prevents any conflict of interest after retirement. However, retired judges may perform constitutional or quasi-judicial roles, such as chairing commissions, tribunals, or arbitration panels, as appointed by the government.

Legislative Authority Over Judicial Conduct

Article 124(5) empowers Parliament to make laws regulating the procedure for investigation and proof of misbehaviour or incapacity of judges of the Supreme Court.
In exercise of this power, Parliament enacted the Judges (Inquiry) Act, 1968, later supplemented by the Judicial Standards and Accountability Bill (2010) (though not enacted), to reinforce mechanisms of judicial discipline and accountability while maintaining independence.

Relevant Judicial Pronouncements

Several landmark judgments have interpreted and strengthened the constitutional principles enshrined in Article 124:

• Supreme Court Advocates-on-Record Association v. Union of India (1993):Established judicial primacy in appointments through the Collegium System.
• Special Reference No. 1 of 1998:Clarified the scope and functioning of the Collegium, emphasising collective judicial consultation.
• In re: Presidential Reference (1999):Addressed the removal procedure and affirmed the principle of judicial independence in disciplinary actions.
• Second Judges Case (1993) and Fourth Judges Case (2015):The latter struck down the National Judicial Appointments Commission (NJAC), reaffirming the Collegium’s primacy as part of the basic structure of the Constitution.

Significance of Article 124

Article 124 holds profound constitutional significance as it lays the foundation for the Supreme Court of India, the custodian of the Constitution and final interpreter of the law. Its importance can be summarised as follows:

• Guarantees Judicial Independence: Through secure tenure, protected removal, and restricted executive influence in appointments.
• Ensures Judicial Accountability: By providing a constitutional process for investigating and removing judges in cases of misconduct.
• Defines Judicial Qualifications and Structure: Ensuring that only experienced and qualified legal experts serve at the highest level.
• Upholds Constitutional Supremacy: By empowering the Supreme Court to act as the guardian of fundamental rights and the arbiter of federal disputes.
• Strengthens the Rule of Law: Establishes a judiciary that is impartial, independent, and capable of reviewing legislative and executive actions.

Conclusion

Article 124 serves as the constitutional cornerstone for India’s judicial system, establishing the Supreme Court as the ultimate authority for interpreting and upholding the Constitution. It outlines the Court’s structure, the appointment and removal of judges, and safeguards judicial independence through robust institutional checks.