Article 124 In English | Article 124 Of Indian Constitution In English | What Is Article 124

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Article 124 Of Indian Constitution In English

Article 124 – Establishment and constitution of Supreme Court.
Article 124(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 Judges.

Article 124(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 rom 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.
Article 124(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.

Article 124(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 misbehaviour or incapacity.
Article 124(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 ):
Article 124(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.
Article 124(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.

indian constitution part 5 articles

Article 124 In English

124 Article – Establishment and constitution of Supreme Court.
(1) There shall be a Supreme Court of India constituting a Chief Justice of India, and unless Parliament by law determines by law a larger number of seven other Judges.
(2) Every Judge of the Supreme Court shall be appointed by the President by warrant under his hand and seal after consultation with the Judges of the Supreme Court and 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 the 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 from 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) No person shall be eligible for appointment as a Judge of the Supreme Court unless he is a citizen of India and
(a) has been, for not less than five years, a Judge of a High Court or of two or more such Courts in succession; either
(b) has been, for not less than ten years, an advocate of a High Court or an advocate of two or more such Courts in succession; either
(c) is, in the opinion of the President, an eminent jurist. Explanation I. In this section, a High Court means a High Court which exercises, or which at any time before the commencement of this Constitution, has jurisdiction in any part of the territory. Explanation II For the purposes of this section, computing shall include the period during which a person has been an advocate, the period during which a person having become an advocate has held a judicial office not less than that of a District Judge. done, it will be included.
(4) A Judge of the Supreme Court shall not be removed from his office unless a Presidential order is passed by each House of Parliament supported by a majority of the total membership of that House and passed by a majority of not less than . Not more than two-thirds of the members of the House present and voting have been produced before the President in the same session for such expulsion on the ground of proved misbehavior or incapacity.
(5) Parliament may, by law, regulate the procedure for the presentation of an address under clause (4) and for inquiry into and evidence of the misbehavior or incapacity of a Judge:
(6) Every person appointed to be a Judge of the Supreme Court shall, before entering upon his office, make and subscribe an oath or affirmation in the form prescribed before the President, or any person appointed by him in this behalf. for this purpose in the Third Schedule.
(7) No person who has held office as a Judge of the Supreme Court shall plead or act before any court or any authority within the territory of India.

Note- All the things mentioned in this have been taken from the Indian Constitution itself. That is, it is the word of the constitution.

What Is Article 124 Of Indian Constitution?

Article 124 Debate Summary

Draft Article 103 (Article 124) was debated on 24 May 1949. It established the Supreme Court of India and also laid down provisions relating to the appointment, impeachment and conduct of its judges. There was a heated debate about the need for consultation in clause (2). One member proposed the removal of this requirement altogether, making the President solely responsible for the appointment of the Chief Justice.

Other members suggested amendments to the parties involved in the consultation or confirmation process. For example, one member proposed that the appointment of a person to the office of Chief Justice should be subject to confirmation by a two-thirds majority vote of a joint session of Parliament. This found some support in the Assembly, although it was recognized that as a result the Chief Justice would be elected at the pleasure of the leader of the majority party.

Another member proposed that the Council of States should also be consulted by the President for the appointment of the Chief Justice. However, this was dismissed as importing the system of electing judges, rather than electing them, given the political nature of the Council of States. A third member, citing a memorandum circulated by the Chief Justices of the Federal Court and various High Courts, proposed that the Chief Justice of India should be appointed only with the concurrence of the current Chief Justice.

His amendment was received positively by some members, one of whom supported its adoption, while another further proposed that the requirement extends to the appointment of any judge to the High Court or the Supreme Court. The Chairman of the Drafting Committee replied that the draft Article adequately ensured the independence of the judiciary, as neither the executive nor the legislature had absolute authority in the matter.

Other members objected to the retirement age prescribed by the draft Article. One member proposed that the retirement age be raised to sixty-eight years, citing the recommendations of the Federal Court on the matter. Another proposed that the judge could continue in office “in the course of good behavior or until he resigns”. A third member, who complained about the competence of older judges with a strict schedule imposed on members of the judiciary, suggested that the age limit be reduced to sixty years.

The President could use his discretion to extend this to sixty-five years on a case-by-case basis, taking into account the fitness and capacity of the individual judge. In response, one member suggested that the matter be left to Parliament instead of constitutionally setting an arbitrary age limit, while another said that although fixing an appropriate age limit was a difficult task, the existing limit ‘somehow’ does not exceed any reasonable age limit for the same’.

Clause (7) was another source of controversy in the assembly. One member proposed that judges should be barred from holding any executive office after retirement, while another suggested that they be barred from holding any office of profit. While some other members agreed with these amendments, others argued that it was unfair to limit the activities of judges after retirement. The chairman of the drafting committee agreed with the latter view, particularly in situations where only a retired judge would have the necessary experience and ability to perform public service.

A significant amendment was introduced by a member, which sought to expand the list of persons who could be appointed to the courts. Citing the example of the International Court of Justice in The Hague, he proposed that clause (3) be amended to allow the President to appoint ‘jurists of eminence’ to the courts. This was received positively by the other members and the Chairman of the Drafting Committee.

Several amendments were rejected, while others were withdrawn. The Assembly accepted all the amendments proposed by the Chairman of the Drafting Committee. Two other amendments to clauses (2) and (3) respectively were also accepted. The amended draft Article was passed by the Assembly, and was adopted on 24 May 1949.

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