CHAPTER IV.- THE UNION JUDICIARY
124. Establishment and constitution of Supreme Court.-
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 _88other Judges.
(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-
(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
_89[(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
(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
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
(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.