Establishes the Supreme Court of India as the apex constitutional guardian and sets transparent qualifications, appointment procedures, and tenure safeguards for judges.
In Simple Citizen Words
Article 124 creates the Supreme Court of India, comprising the Chief Justice of India (CJI) and other judges appointed by the President. It establishes strict tenure security: a judge can only be removed through parliamentary impeachment passed by a special majority (two-thirds present and voting in both Houses) on proven misbehaviour or incapacity. This guarantees judicial independence from political executive interference.
Key Constitutional Provisions
Guaranteed access to an independent apex court immune from executive coercion
Binding protection of Supreme Court decrees across all authorities in India
Tenure security for judges ensuring fearless protection of citizen rights
Exceptions & Reasonable Restrictions
Supreme Court judges retire at age 65 and are barred from pleading or acting in any court or before any authority within India after retirement.
Why This Matters in Daily Life
Ensures that when a citizen fights the powerful Central Government or a State in court, the judge cannot be demoted, threatened, or transferred on political whim.
Want deeper legal & historical context? Explore the official Bare Act or Supreme Court Precedents & CAD Debates:
Landmark Supreme Court Precedents & Case Law
Supreme Court Advocates-on-Record Association (Second Judges Case 1993, Third Judges 1998, and NJAC Case 2015) - Established the primacy of the Collegium in judicial appointments.
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Dr. B. R. Ambedkar & Alladi Krishnaswamy Iyer
Drafting Committee Architects • May 24–27, 1949
🏛️ Constituent Assembly Debates (1946–1949)
Core Constitutional Debate & Dilemma
Framing context for Article 124: Creating a single integrated Supreme Court with wider appellate and constitutional jurisdiction than any other apex court in the world, while insulating judges from political pressure.
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"Our Judiciary must both be independent of the Executive and must also be competent in itself... The Supreme Court of India has wider powers than the highest court in any federation known to history."
Assembly Resolution & Final Synthesis
Constitutional resolution in Article 124: Enacted Articles 124–147 establishing the Supreme Court of India as guardian of the Constitution with original, appellate, SLP (Art 136), complete justice (Art 142), and binding precedent (Art 141) powers.
🏛️ Constitutional Significance:
During the Constituent Assembly deliberations, Article 124 was codified as an integral pillar of India's constitutional governance.
Official Constitutional Text (Gazette Bare Act)
Authoritative statutory text as enacted and amended by Parliament • Clause-by-Clause Statutory Breakdown
India Code • Govt. of India Archive
Clause (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.
Clause (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:
Provided further that —
Sub-clause (a)
a Judge may, by writing under his hand addressed to the President, resign his office;
Sub-clause (b)
a Judge may be removed from his office in the manner provided in clause (4).
Clause (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.
Clause (3)
A person shall not be qualified for appointment as a Judge of the Supreme Court unless he is a citizen of India and —
Sub-clause (a)
has been for at least five years a Judge of a High Court or of two or more such Courts in succession; or
Sub-clause (b)
has been for at least ten years an advocate of a High Court or of two or more such Courts in succession; or
Sub-clause (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.
Clause (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.
Clause (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).
Clause (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.
Clause (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.
Public Domain & Statutory Authenticity Notice
Under Section 52(1)(q) of the Indian Copyright Act, 1957, the Constitution of India, Bare Acts of Parliament, Gazette Notifications, and Judicial Judgments of the Supreme Court and High Courts are in the Public Domain. Text is reproduced from the official Legislative Department, Ministry of Law & Justice, Government of India (India Code) archives.
Then vs Now: Constitutional Evolution & Visual Diff
Establishment and constitution of Supreme Court
🟢 Original 1950 Text Intact (Zero Textual Repeal)
Baseline: Jan 26, 1950 → Today
ORIGINAL BASELINE (1950)
Enacted on 26 January 1950 by the Constituent Assembly of India. The foundational constitutional text of Article 124 (Establishment and constitution of Supreme Court) has remained intact since Day 1 without parliamentary deletion or repeal.
CURRENT ENFORCEABLE STATUS (TODAY)
100% Original 1950 Text Enforceable Today: Establishes the Supreme Court of India as the apex constitutional guardian and sets transparent qualifications, appointment procedures, and tenure safeguards for judges.
Key Amendment Milestones & Textual Modifications
Original Enactment by the Constituent Assembly
Year 1950
Why it happened: Crafted by the Founding Fathers & Mothers with enduring constitutional clarity; its core text has stood untouched for over 75 years.
Status: 🟢 Unchanged Since 26 January 1950 — Original Constitutional Mandate Preserved Intact
Supreme Court Judicial Interpretation & Modern Application
Year 1950–Present
Why it happened: While the printed text of Article 124 remained unchanged, Supreme Court jurisprudence has continuously enforced and applied it to modern governance.
Judicial Precedent: Supreme Court Advocates-on-Record Association (Second Judges Case 1993, Third Judges 1998, and NJAC Case 2015) - Established the primacy of the Collegium in judicial appointments.
