The Republic of India

Bharat Samvidhan
Establishment and constitution of the Supreme Court
Part V · Article 124

Article 124

Establishment and constitution of the Supreme Court

Ask about this
(1) There shall be a Supreme Court of India consisting of a Chief Justice of India and, until Parliament by law prescribes a larger number, of not more than [seven] other Judges. (2) Every Judge of the Supreme Court shall be appointed by the President by warrant under his hand and seal 2[on the recommendation of the National Judicial Appointments Commission referred to in article 124A] and shall hold office until he attains the age of sixty-five years: [* * * * *] [Provided that]— (a) a Judge may, by writing under his hand addressed to the President, resign his office; (b) a Judge may be removed from his office in the manner provided in clause (4). [(2A) The age of a Judge of the Supreme Court shall be determined by such authority and in such manner as Parliament may by law provide.] (3) A person shall not be qualified for appointment as a Judge of the ______________________________________________ 3. The first proviso was omitted by s. 2, ibid. (w.e.f.13-4-2015).The proviso was as under:— "Provided that in the case of appointment of a Judge other than the Chief Justice, the Chief Justice of India shall always be consulted:". This amendment has been struck down by the Supreme Court in the case of Supreme Court Advocates-on-Record Association and another Vs. Union of India in its judgment dated 16-10-2015, AIR 2016 SC 117.

Source: Constitution of India, Legislative Department, Government of India. Reproduced under Section 52(1)(q), Copyright Act 1957.