Article 124(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.
Article 124 and 125 of Constitution of India: Supreme Court Judges and Salaries
Articles 124 and 125 form part of Chapter IV of Part V of the Constitution of India. Article 124 deals with the establishment and constitution of the Supreme Court, including appointment, qualifications, tenure, resignation and removal of Judges. Article 125 deals with salaries, privileges, allowances, leave and pension of Supreme Court Judges.
Current position: The Constitution originally contemplated the Chief Justice of India and not more than seven other Judges, while permitting Parliament to increase the number by law. Parliament has subsequently increased the sanctioned strength. The Supreme Court of India states that the strength was increased to 34 Judges in 2019.
Contents
Article 124 - Establishment and constitution of Supreme Court
Article 124 establishes the Supreme Court of India and lays down the constitutional framework governing its Judges. The provision must be read with the laws enacted by Parliament concerning the number of Judges and their conditions of service.
Meaning: The figure of seven other Judges is the original constitutional figure. Article 124(1) itself authorises Parliament to prescribe a larger number. Accordingly, the present sanctioned strength is governed by parliamentary legislation rather than the original numerical figure alone.
Present strength of the Supreme Court
The Supreme Court (Number of Judges) Act, 1956 is the parliamentary law governing the number of Supreme Court Judges. The sanctioned strength has been increased from time to time. The Supreme Court's official history records that it rose from 8 Judges in 1950 to 11 in 1956, 14 in 1960, 18 in 1978, 26 in 1986, 31 in 2009 and 34 in 2019, including the Chief Justice of India.
Appointment, tenure and qualifications under Article 124
Article 124(2)
Every Judge of the Supreme Court is appointed by the President by warrant under his hand and seal in accordance with the constitutional requirements governing appointment. A Supreme Court Judge holds office until attaining the age of sixty-five years, subject to resignation or removal in accordance with the Constitution.
Resignation
A Judge may resign by writing under his hand addressed to the President.
Article 124(2A)
The age of a Judge of the Supreme Court is to be determined by such authority and in such manner as Parliament may by law provide.
Article 124(3) - Qualifications
A person must be a citizen of India and satisfy the constitutional qualification relating to judicial office, advocacy in a High Court, or be, in the opinion of the President, a distinguished jurist. The principal alternatives include at least five years as a Judge of a High Court or of two or more High Courts in succession, or at least ten years as an advocate of a High Court or of two or more High Courts in succession.
Removal of a Supreme Court Judge
Article 124(4) provides a specially protected constitutional process. A Judge cannot be removed except by an order of the President after an address by each House of Parliament, supported by the constitutionally prescribed special majorities, is presented in the same session on the ground of proved misbehaviour or incapacity.
Article 124(5) empowers Parliament to regulate by law the procedure for presentation of the address and for investigation and proof of misbehaviour or incapacity.
Oath and post-retirement practice
Under Article 124(6), a person appointed as a Supreme Court Judge must make and subscribe the prescribed oath or affirmation before entering office. Article 124(7) provides that a person who has held office as a Judge of the Supreme Court shall not plead or act in any court or before any authority within the territory of India.
Article 125 - Salaries, allowances, leave and pension of Judges
Article 125 provides the constitutional basis for the remuneration and specified service conditions of Supreme Court Judges.
Article 125(1)
Supreme Court Judges are paid such salaries as may be determined by Parliament by law and, until provision is made, as specified in the Second Schedule to the Constitution.
Article 125(2)
Every Judge is entitled to privileges and allowances and to rights concerning leave of absence and pension as may from time to time be determined by or under parliamentary law. The constitutional proviso protects a Judge against variation, after appointment, of privileges, allowances or rights concerning leave or pension to the Judge's disadvantage.
Supreme Court Judges (Salaries and Conditions of Service) Act, 1958
Article 125 operates with legislation enacted by Parliament. The Supreme Court Judges (Salaries and Conditions of Service) Act, 1958 regulates salaries and specified conditions of service of Supreme Court Judges, including matters dealt with under the Act relating to leave, pension and other service benefits.
Quick summary of Articles 124 and 125
| Provision | Subject | Key point |
|---|---|---|
| Article 124(1) | Establishment and composition | Establishes the Supreme Court and permits Parliament to prescribe a larger number of Judges. |
| Article 124(2) | Appointment and tenure | Provides for appointment of Judges and retirement at age 65, subject to constitutional provisions. |
| Article 124(3) | Qualifications | Prescribes citizenship and professional or judicial qualifications. |
| Article 124(4)-(5) | Removal | Provides the special parliamentary process for removal on proved misbehaviour or incapacity. |
| Article 124(6) | Oath | Requires oath or affirmation before entering office. |
| Article 124(7) | Practice after office | Bars a former Supreme Court Judge from pleading or acting before any court or authority in India. |
| Article 125 | Salary and service conditions | Authorises Parliament to determine salaries, privileges, allowances, leave and pension. |
Official legal resources
For the authoritative constitutional text and current statutory material, refer to the official Government of India and Supreme Court resources below.
- Legislative Department - Constitution of India
- Supreme Court of India - Official Website
- Supreme Court of India - History and strength of the Court
- India Code - Central legislation
This article is intended as a general legal reference. For an authoritative text, amendment history or a matter involving a particular appointment, service condition or constitutional proceeding, the Constitution, applicable legislation, rules and binding judicial decisions should be consulted.