Article 124 of the Indian Constitution deals with the establishment and composition of the Supreme Court of India, the appointment and qualifications of the judges, and the procedure for their removal. It is a critical article in ensuring the independence and proper functioning of the judiciary in India. Here is a detailed overview:
Establishment and Constitution of the Supreme Court:
Article 124(1): It provides that there shall be a Supreme Court of India consisting of a Chief Justice of India (CJI) and, until Parliament by law prescribes a larger number, not more than seven other Judges. However, the strength of the Supreme Court has been increased by Parliament through various amendments over the years. As of now, the sanctioned strength of the Supreme Court is 34 judges, including the Chief Justice of India.
Appointment of Judges:
Article 124(2): The judges of the Supreme Court, including the Chief Justice, are appointed by the President of India. The Chief Justice of India is appointed by the President after consultation with such judges of the Supreme Court and High Courts as the President deems necessary. For appointing other judges, the President consults the Chief Justice of India and such other judges of the Supreme Court and High Courts as he deems necessary. The principle of collegium has evolved in judicial practice for the appointment of judges to the Supreme Court and High Courts, though it is not explicitly mentioned in Article 124.
Qualifications for Appointment as a Judge of the Supreme Court:
Article 124(3): A person shall not be qualified for appointment as a Judge of the Supreme Court unless:
- They are a citizen of India.
- They have been a judge of one or more High Courts for at least five years.
- Or they have been an advocate of one or more High Courts for at least ten years.
- Or, in the opinion of the President, they are a distinguished jurist.
Tenure and Removal of Judges:
Article 124(4): A judge of the Supreme Court shall hold office until the age of 65 years. However, a judge can be removed from 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 present and voting, on the grounds of proved misbehavior or incapacity. The procedure for the removal of a judge is detailed in the Judges (Inquiry) Act, 1968.
Salaries and Allowances:
Article 124(6): The salaries and allowances of the judges of the Supreme Court are charged upon the Consolidated Fund of India and cannot be reduced during their term of office, ensuring their financial independence.
Prohibition on Practice after Retirement:
Article 124(7): A retired judge of the Supreme Court is prohibited from pleading or acting in any court or before any authority within the territory of India. This provision ensures that the judge does not have any professional bias after retirement.
Significance:
Article 124 is pivotal in safeguarding the independence and impartiality of the judiciary. The method of appointment, tenure, and removal of judges is designed to protect the judiciary from executive or legislative interference, thereby upholding the rule of law and the principle of separation of powers.
This article also lays down the foundation for the collegium system, which is used to appoint judges in India, though the system is a product of judicial interpretation and not directly derived from the text of Article 124. The significance of Article 124 lies in its role in maintaining the integrity, independence, and effectiveness of the highest judicial institution in India.
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