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Constitution · India · PART V · CHAPTER IV — The Union Judiciary

Article 124 Constitution Establishment and constitution of the Supreme Court

The Constitution of India · Edition: Supplied Law Library page: pocket edition attributed to Legislative Department, as on 10 September 2026; imported 6 November 2026

(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 1[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: 3[* * * * *]

4[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).

5[(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 Supreme Court unless he is a citizen of India and—

(a) has been for at least five years a Judge of a High Court or of two or more such Courts in succession; or

(b) has been for at least ten years an advocate of a High Court or of two or more such Courts in succession; or

(c) is, in the opinion of the President, a distinguished jurist.

Explanation I.—In this clause “High Court” means a High Court which exercises, or which at any time before the commencement of this Constitution exercised, jurisdiction in any part of the territory of India.

Explanation II.—In computing for the purpose of this clause the period during which a person has been an advocate, any period during which a person has held judicial office not inferior to that of a district judge after he became an advocate shall be included.

(4) A Judge of the Supreme Court shall not be removed from his office except 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 of that House present and voting has been presented to the President in the same session for such removal on the ground of proved misbehaviour or incapacity.

(5) Parliament may by law regulate the procedure for the presentation of an address and for the investigation and proof of the misbehaviour or incapacity of a Judge under clause (4).

(6) Every person appointed to be a Judge of the Supreme Court shall, before he enters upon his office, make and subscribe before the President, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Third Schedule.

(7) No person who has held office as a Judge of the Supreme Court shall plead or act in any court or before any authority within the territory of India.

Source document ↗

Judgments on Article 124

LOK 2009 (3) SC 613 · Supreme Court of India

Kannadasan v. Ajay Khose

Equivalent citations: 2009 (2) KLT SN 70

Subject–
Judges–
ActsConsumers Protection Act, 1986 (Section 16); Government of India Act, 1935 (Section 220); Indian Electricity Act, 1910 (Section 4(1)(a)); City of Nagpur Corporation Act, 1948 (Section 15(g)); Constitution of India (Articles 19(1)(g), 50, 124, 164(4), 191(1), 216, 217, 217(1), 217(2)(a) and 233)

LOK 2002 (7) SC 123 · Supreme Court of India

T. Fenn Walter & Ors. v. Union of India & Ors.

Equivalent citations: 2002 (6) SCC 184 : AIR 2002 SC 2679 : 2002 (S1) SCR 134 : 2002 (5) JT 149 : 2002 (5) Scale 185 : 2002 (4) Supreme 577 : 2002 (4) SLT 393 : 2002 (3) SCJ 309 : 2002 (7) SRJ 231 : 2002 Lab IC 2643 : 2002 (94) FLR 745 : 2002 (8) SLR 181 : 2002 (2) CPJ 1 : 2002 (3) CPR 97 : 2002 (3) KLT 25 : 2002 (3) CTC 373 : 2002 (4) LW 652

Subject–
ActsDraft Constitution (Article 103); Constitution of India (Articles 124(4), 221 and 262)

LOK 1998 (4) SC 171 · Supreme Court of India

P.V. Narasimha Rao v. State(Cbi/Spe)

Equivalent citations: AIR 1998 SC 2120 : 1998 (2) Crimes 124 : 1998 (104) CriLJ 2930 : 1998 (2) CCR 138 : 1998 (3) JT 318 : 1998 (4) RecentCR 260 : 1998 (4) Supreme 1 : 1998 (3) Scale 53 : 1998 (4) SCC 626 : 1998 SCC(Cr) 1108 : 1998 (4) SLT 400

Subject–
ActsCrime Act, 1914 (Section 73A); US Constitution (Article 1(6)); Australian Constitution (Section 49); Canadian Constitution (Section 18); Companies Act, 1956 (Section 617); Prevention of Corruption Act, 1988 (Section 19(1))

LOK 1993 (10) SC 61 · Supreme Court of India

Supreme Court Advocates-On-Record Associationv. U

Equivalent citations: AIR 1994 SC 268 : JT 1993 (5) 479 : 1993 (5) SLR 337 : 1993 (S) SCALE 67 : 1993 (4) SCC 441 : 1993 (S2) SCR 659 : AIR 1993 SCW 4101

Subject–
ActsConstitution of India (Articles 32, 50, 74(1), 74, 112(3)(d)(iii), 124(4), 124, 124(2), 124(1), 137, 216, 217(1), 217, 222, 222(1), 224, 226, 233, 235, 236(a) and 320(3)(c)); New Towns Act, 1946 (Section 1(1))