Constitution of India · Part V: The Union · Chapter IV: The Union Judiciary
Article 124: Establishment and constitution of the Supreme Court
In plain words
There is a Supreme Court of India made up of the Chief Justice of India and other Judges, up to the number Parliament fixes by law. The official text notes the number of other Judges is now thirty-seven. Judges are appointed by the President and hold office until the age of sixty-five years.
- To qualify, a person must be a citizen of India and have been a High Court Judge for at least five years, or a High Court advocate for at least ten years, or be a distinguished jurist in the President's opinion.
- A Judge can resign in writing to the President.
- A Judge can be removed only for proved misbehaviour or incapacity, by the President's order after an address by each House in the same session, backed by a majority of its total membership and two-thirds of members present and voting.
- A retired Supreme Court Judge cannot plead or act in any court or before any authority in India.
- The official text printed here includes wording added by the amendment creating the National Judicial Appointments Commission. The Supreme Court declared that amendment unconstitutional, so that wording is not in operation.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Official text
(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.
(2) Every Judge of the Supreme Court shall be appointed by the President by warrant under his hand and seal [on the recommendation of the National Judicial Appointments Commission referred to in article 124A] and shall hold office until he attains the age of sixty-five years: [* * * * *] [Provided that]—
(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). Now “thirty-seven” vide the Supreme Court (Number of Judges) Amendment Act, 2026 (14 of 2026), 3. The first proviso was omitted by s. 2, ibid. The proviso was as under:— [(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-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.
(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).
(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.
Source: India Code (Legislative Department), the official text of the Constitution of India. As amended up to the Constitution (One Hundred and Sixth Amendment) Act, 2023. Text as on 10 September 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the article 124
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IN RE: MEPUNG TADAR BAGE, MEMBER, ARUNACHAL PRADESH PUBLIC SERVICE COMMISSION versus
Leakage of question paper of Assistant Engineer (Civil) Mains Examination conducted by the Arunachal Pradesh Public Service Commission (APPSC), on 26th and 27th August, 2022, led to the present reference by the Hon’ble…
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XXX v. The Union of India & Others
Issue arose as to whether the writ petition be entertained at all having regard to the conduct of the petitioner-High Court Judge; does the In-house Procedure have legal sanction; is an inquiry and the consequent report…
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United Bank of India (Now Punjab National Bank) v. Swapan Kumar Mullick & Ors.
Issue arose to determine whether an employee resigning from service citing mental depression, after having served his employer much in excess of the period stipulated to qualify for being entitled to pension, forfeits…
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involved and in I.R. Coelho v. State of T.N. [(1999) 7
(1) Whether Article 31C (as upheld in Kesavananda Bharati case) survives in the Constitution after amendment to the provision by the forty-second amendment was struck down by the Supreme Court in Minerva Mills case; and…
- Kenisha Agrawal Minor Represented by Father and Natural Guardian Mr Nitin Agrawal v. Union of India & Ors
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Dr Kavita Kamboj v. High Court of Punjab and Haryana & Ors
The issue for consideration was a challenge to a decision of the High Court of Punjab & Haryana directing the State of Haryana to take positive action to accept its recommendation vide communication dated 23.02.2023,…
- In Re: Article 370 of the Constitution v. .
- Anushka Rengunthwar & Ors. v. Union of India &
- State of Himachal Pradesh & Ors. v. Raj Kumar & Ors.
- Dr. Jaishri Laxmanrao Patil v. The Chief Minister & Ors.
- In Re: Advocate on Record Includes A Proprietary Firm Etc. v. .
- R. Poornima and Ors. v. Union of India and Ors.
- Chief Information Commissioner v. High Court of Gujarat and Another.
- Dheeraj Mor v. Hon’Ble High Court of Delhi
- Rajendra Diwan v. Pradeep Kumar Ranibala & Anr.
- Rojer Mathew v. South Indian Bank Ltd. & Ors.
- Central Public Information Officer, v. Subhash Chandra Agarwal
- Shah and S. Ravindra Bhat, Jj.] v. Manohar Lal & Ors. Etc.
- K. Lakshminarayanan v. Union of India & Anr.
- Shanti Bhushan v. Supreme Court of India Through Its Registrar and Another
- Asok Pande v. Supreme Court of India Thr. Its Registrar and Ors.
- Suraz India Trust v. Union of India
- State Bank of India v. Santosh Gupta and Anr. Etc.
- Supreme Court Advocates-On-Record Association and Another v. Union of India
- Additional District and Sessions Judge 'X' v. Registrar General, High Court of Madhya Pradesh and Others
- Madras Bar Association v. Union of India and Another
- P. Ramakrishnam Raju v. Union of India & Ors.
- M. Manohar Reddy & Anr. v. Union of India & Ors.
- State of Gujarat & Anr. v. Honble Mr. Justice R. A. Mehta (Retd) & Ors.
- Rajendra Singh Verma (Dead) Through Lrs v. Lt. Governor of NCT of Delhi & Anr.
- Justice P. D. Dinakaran v. Hon'Ble Judges Inquiry Committee & Ors.
- Suraz India Trust v. Union of India and Anr.
- Reference Under Article 317 (1) No.2 of 2008 in Re: Mehar Singh Saini, Chairman, Hpsc and Ors. v. --
- Mahesh Chandra Gupta v. Union of India & Ors.
- N. Kannadasan v. Ajoy Khose and Others
- In Re: Under Article 317(1) of the Constitution of B India for Enquiry and Report on the Allegations Against Dr. H.B. Mirdha, Chairman, Orissa Psc v. .
- Raja Ram Pal v. The Honble Speaker, Lok Sabha & Ors.
- Tirupati Balaji Developers Pvt. Ltd. and Ors. v. Stte of Bihar and Ors.
- State of U.P and Anr. v. Johri Mal
- M.T. Khan and Ors. v. Government of Andhra Pradesh and Ors.
- Sunil Kumar Goyal v. Rajasthan Public Service Commission
- Indira Jaising v. Registrar General, Supreme Court of India and Anr.
- T. Fenn Walter and Ors. v. Union of India and Ors.
- Rupa Ashok Hurra v. Ashok Hurra and Anr.
- Ananga Uday Singh Deo v. Ranga Nath Mishra and Ors.
- State of Bihar and Anr. v. Bal Mukund Sah and Ors.
- High Court of Judicature at Bombay, Through Its Registrar v. Shashikant S. Patil and Anr.
- Special Reference No. I of 1998 v. -----
- P.V. Narasimha Rao Etc. Etc. v. State (Cbl/Spe) Etc. Etc.
- High Court of Judicature at Bombay Through Its Registrar v. Shirish Kumar Rangrao Patil and Anr.
- Dr. D.C. Saxena v. Honble the Chief Justice of India
- C. Ravichandran Iyer v. Justice A.M. Bhattacharjee
- Supreme Court Advocates-On-Record Association and Anr. v. Union of India
- Krishna Swami and Ors. v. Union of India and Ors.
- Smt. Sarojini Ramaswami v. Union of India and Anr.
- Sub-Commitiee on Judicial Accountability Etc. Etc. v. Union of India and Ors., Etc.
- K. Veeraswami v. Union of India and Others
- Sub-Committee on Judicial Accountability v. Union of India and Ors.
- Subhash Sharma and Others v. Union of India
- State of Kerala v. A. Lakshmikutty & Ors.
- Pashupati Nath Sukul & Others. v. Nem Chandra Jain & Others.
- S.P. Gupta & Ors. Etc. Etc. v. Union of India & Ors. Etc. Etc.
- In Re the Special Courts Bill, 1978 v. -
- Union of India v. Shri Gopal Chandra Misra and Ors.
- Union of India v. Sankal Chand Himatlal Sheth and Anr.
- M. Ramanatha Pillai v. The State of Kerala & Anr.
- His Holiness Kesavananda Bharati Sripadagalavaru v. State of Kerala
- Chandra Prakash Agarwal v. Chaturbhuj Das Parikh & Ors.
- Prem Nath & Ors. v. State of Rajasthan & Ors.
- Special Reference No. 1 of 1964 v. .
- Rameshwar Dayal v. The State of Punjab and Others
- The State of Uttar Pradesh and Others v. Babu Ram Upadhya
- Parshotam Lal Dhingra v. Union of India
- Garikapatti Veeraya v. N. Subbiah Choudhury