How is Establishment and constitution of Supreme Court? What is the rule of Salaries, etc., of Judges? Article 124 and 125 of Constitution of India, 1949
Establishment and constitution of Supreme Court and Salaries, etc., of Judges are defined under Article 124 and 125 of Constitution of India 1949. Provisions under these Articles are:
Article 124 of Constitution of India "Establishment and constitution of Supreme Court"
(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.
(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 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) 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-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
misbehavior or incapacity.
(5) Parliament may by law regulate the procedure for the
presentation of an address and for the investigation and
proof of the misbehavior 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.
Article 125 of Constitution of India "Salaries, etc., of Judges"
(1) There shall be paid to the Judges of the Supreme Court
such salaries as may be determined by Parliament by law and,
until provision in that behalf is so made, such salaries as
are specified in the Second Schedule.
(2) Every Judge shall be entitled to such privileges and
allowances and to such rights in respect of leave of absence
and pension as may from time to time be determined by or
under law made by Parliament and, until so determined, to
such privileges, allowances and rights as are specified in
the Second Schedule:
Provided that neither the privileges nor the allowances of a
Judge nor his rights in respect of leave of absence or
pension shall be varied to his disadvantage after his
appointment.