Introduction
Article 124 of the Constitution of India lays the foundation of the Supreme Court, which stands as the highest judicial authority in the country. The framers of the Constitution envisioned the Supreme Court as the guardian of the Constitution and the final interpreter of law. In a federal and democratic system like India, an independent and strong judiciary becomes essential to protect fundamental rights and maintain constitutional balance. Article 124 addresses this need by providing for the establishment, composition, and appointment of judges of the Supreme Court. Therefore, understanding this Article is crucial for grasping how judicial independence and constitutional supremacy operate in practice.
Establishment of the Supreme Court of India
Article 124 formally establishes the Supreme Court of India as a constitutional body. It declares that there shall be a Supreme Court consisting of a Chief Justice of India and such number of other judges as Parliament may by law prescribe. This provision ensures that the existence of the Supreme Court does not depend on ordinary legislation or executive discretion. Instead, the Constitution itself guarantees its status. As a result, the Supreme Court enjoys a position of permanence and authority within the constitutional framework.
Composition of the Supreme Court
The Constitution initially fixed the number of judges at one Chief Justice and seven other judges. However, Article 124 allows Parliament to increase the strength of the Court as the need arises. Over time, Parliament has exercised this power to address the growing workload and expanding jurisdiction of the Supreme Court. Today, the Court consists of the Chief Justice of India and thirty-three other judges. This flexibility ensures that the judicial system remains responsive to changing demands while maintaining constitutional continuity.
Appointment of Judges Under Article 124
Article 124 lays down the procedure for the appointment of judges of the Supreme Court. The President of India appoints the Chief Justice and other judges after consultation with such judges of the Supreme Court and High Courts as deemed necessary. In practice, this process has evolved through judicial interpretation into the collegium system. Under this system, the Chief Justice of India and senior judges recommend names for appointment, thereby limiting executive interference. Consequently, Article 124 has become a cornerstone for safeguarding judicial independence in India.
Qualifications for Appointment
Article 124 also specifies the qualifications required to become a judge of the Supreme Court. A person must be a citizen of India and must have served as a judge of a High Court for at least five years, or practiced as an advocate in a High Court for at least ten years. Alternatively, the President may appoint a distinguished jurist. These qualifications ensure that only experienced and competent individuals occupy positions in the highest court of the land.
Tenure and Conditions of Service
Judges of the Supreme Court hold office until they attain the age of sixty-five years. Article 124 protects their service conditions by providing that Parliament cannot alter them to the disadvantage of judges after their appointment. Salaries, allowances, and privileges are charged on the Consolidated Fund of India, which further strengthens judicial independence. Through these safeguards, Article 124 ensures that judges can perform their duties without fear or favor.
Removal of Judges and Judicial Independence
Article 124 provides a rigorous procedure for the removal of Supreme Court judges. A judge may be removed only by an order of the President after an address by each House of Parliament supported by a special majority. The grounds for removal include proved misbehavior or incapacity. This difficult process prevents arbitrary removal and protects judges from political pressure. As a result, Article 124 reinforces the principle of separation of powers.
Constitutional Significance of Article 124
Article 124 plays a central role in maintaining the rule of law in India. By ensuring the independence, competence, and stability of the Supreme Court, it upholds constitutional supremacy. The Article also reflects the framers’ commitment to justice, accountability, and democratic governance. Without such a provision, the judiciary could not effectively act as a check on legislative and executive excesses.
Conclusion
Article 124 forms the backbone of the Indian judicial system by establishing the Supreme Court and defining its composition and appointment process. It ensures judicial independence through secure tenure, protected service conditions, and a balanced appointment mechanism. In doing so, it enables the Supreme Court to function as the ultimate protector of the Constitution and the rights of citizens. Therefore, Article 124 remains one of the most significant provisions in the Constitution of India.
