Article 124 of the Constitution of India

consisting of a Chief Justice of India and, until Parliamentby law prescribes a larger number, of not more thanseven 2 other Judges. (2) Every Judge of the Supreme Court shall be appointed by the President by warrant under his handand seal after consultation with such of the Judges of theSupreme Court and of the High Courts in the States asthe President may deem necessary for the purpose andshall hold office until he attains the age of sixty-fiveyears: Provided that in the case of appointment of a Judge other than the Chief Justice, the Chief Justice of IndiaEstablishment andconstitution ofSupreme Court. 1Cl. (4) was ins. by the Constitution (Thirty-eighth Amendment) Act, 1975, s. 2 (retrospectively) and omitted by the Constitution (Forty-fourth Amendment) Act, 1978,s. 16 (w.e.f. 20-6-1979). 2Now “twenty-five”, vide the Supreme Court (Number of Judges) Amendment Act, 1986 (22 of 1986), s. 2.THE CONSTITUTION OF INDIA (Part V. —The Union. —Arts. 123-124.)61 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 clause (4). 1[(2A) The age of a Judge of the Supreme Court shall be determined by such authority and in such manner asParliament 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 ofIndia and— (a) has been for at least five years a Judge of a High Court or of two or more such Courts insuccession; or (b) has been for at least ten years an advocate of a High Court or of two or more such Courts insuccession; 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 beforethe 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 anadvocate, any period during which a person has heldjudicial office not inferior to that of a district judge afterhe 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 Presidentpassed after an address by each House of Parliamentsupported by a majority of the total membership ofthat House and by a majority of not less than two-thirds of the members of that House present and 1Ins. by the Constitution (Fifteenth Amendment) Act, 1963, s. 2.THE CONSTITUTION OF INDIA (Part V. —The Union. —Art. 124.)62 voting has been presented to the President in the same session for such removal on the ground of provedmisbehaviour or incapacity. (5) Parliament may by law regulate the procedure for the presentation of an address and for the investigationand proof of the misbehaviour or incapacity of a Judgeunder 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 personappointed in that behalf by him, an oath or affirmationaccording to the form set out for the purpose in the ThirdSchedule. (7) No person who has held office as a Judge of the Supreme Court shall plead or act in any court or beforeany authority within the territory of India. 125. 1[(1) There shall be paid to the Judges of the Supreme Court such salaries as may be determined byParliament by law and, until provision in that behalf isso made, such salaries as are specified in the SecondSchedule.] (2) Every Judge shall be entitled to such privileges and allowances and to such rights in respect of leave ofabsence and pension as may from time to time bedetermined by or under law made by Parliament and,until so determined, to such privileges, allowances andrights as are specified in the Second Schedule: Provided that neither the privileges nor the allowances of a Judge nor his rights in respect of leaveof absence or pension shall be varied to his disadvantageafter his appointment.