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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