How is Establishment and constitution of Supreme Court? What is the rule of Salaries, etc., of Judges? Article 124 and 125 of Constitution of India, 1949
Establishment and constitution of Supreme Court and Salaries, etc., of Judges are defined under Article 124 and 125 of Constitution of India 1949. Provisions under these Articles are:
Article 124 of Constitution of India "Establishment and constitution of Supreme Court"
(1) There shall be a Supreme Court of India constituting
of a Chief Justice of India and, until Parliament by law
prescribes a larger number, of not more than seven other
(2) Every Judge of the Supreme Court shall be appointed by the President by warrant under his hand and seal after consultation with such of the Judges of the Supreme Court and of the High Courts in the States as the President may deem necessary for the purpose and shall hold office until he attains the age of sixty-five years:
Provided that in the case of appointment of a Judge other than the chief Justice, the chief Justice of India shall always be consulted:
(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 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-third of the members of the House present and voting has been presented to the President in the same session for such removal on the ground of proved misbehavior or incapacity.
(5) Parliament may by law regulate the procedure for the presentation of an address and for the investigation and proof of the misbehavior 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.
Article 125 of Constitution of India "Salaries, etc., of Judges"
(1) There shall be paid to the Judges of the Supreme Court
such salaries as may be determined by Parliament by law and,
until provision in that behalf is so made, such salaries as
are specified in the Second Schedule.
(2) Every Judge shall be entitled to such privileges and allowances and to such rights in respect of leave of absence and pension as may from time to time be determined by or under law made by Parliament and, until so determined, to such privileges, allowances and rights as are specified in the Second Schedule:
Provided that neither the privileges nor the allowances of a Judge nor his rights in respect of leave of absence or pension shall be varied to his disadvantage after his appointment.
What is the Attendance of retired Judges at sittings of the Supreme Court? What is the meaning of Supreme Court to be a court of record? What is Seat of Supreme Court? Article 128, 129 and 130 of Constitution of India, 1949
What is the Original jurisdiction of the Supreme Court? What is the Appellate jurisdiction of Supreme Court in appeals from High Courts in certain cases? Article 131 and 132 of Constitution of India, 1949
What is the Jurisdiction and powers of the Federal Court under existing law to be exercisable by the Supreme Court? What is Special leave to appeal by the Supreme Court? Article 135 and 136 of Constitution of India, 1949
What is Conferment on the Supreme Court of powers to issue certain writs? What is Transfer of certain cases? What is Ancillary powers of Supreme Court? Article 139, 139A and 140 of Constitution of India, 1949
What is the meaning Law declared by Supreme Court to be binding on all courts? What is Enforcement of decrees and orders of Supreme Court and unless as to discovery? Article 141 and 142 of Constitution of India, 1949