Establishment and Composition of the Supreme Court

Supreme court composition is laid down in Article 124 of the Constitution, which establishes the Supreme Court of India as a court consisting of a Chief Justice of India and a number of other judges that Parliament may fix by law. This single article is the constitutional foundation for the Court's existence, its judge strength, and the manner in which judges are appointed and can be removed.

What Article 124 Provides

Article 124(1) states that "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." The clause deliberately leaves the exact strength open-ended, allowing Parliament to expand the Court as the volume of litigation grows, without needing a constitutional amendment each time.

Every judge is appointed by the President by warrant under hand and seal. Originally this followed consultation with the Chief Justice of India and other judges as the President considered necessary; today, following the reintroduction of the collegium system, appointments are effectively made on the binding recommendation of the Chief Justice of India acting with senior colleagues.

Growth in the Number of Judges

The sanctioned strength of the Supreme Court has been revised upward repeatedly through ordinary parliamentary legislation rather than constitutional amendment, since Article 124 only sets a floor of seven "other judges" and leaves Parliament free to raise it.

This pattern shows a court whose composition is treated as an administrative matter tied to caseload, distinct from provisions like tenure and removal that remain rigid.

Qualifications for Appointment

Article 124(3) confines eligibility to a person who is a citizen of India and who further satisfies at least one of three routes: having served as a High Court judge for five years, having practised as a High Court advocate for ten years, or being, in the President's opinion, a distinguished jurist. No minimum age and no fixed term of office is prescribed for a Supreme Court judge, unlike many other constitutional posts.

From Consultation to Collegium to NJAC and Back

The appointment process under Article 124 has changed considerably in practice even though the article's text was altered only once. Originally, the President made appointments after consulting judges he considered necessary. Judicial interpretation over three landmark cases progressively read this consultation requirement as requiring the concurrence of the Chief Justice of India, giving rise to what is popularly called the collegium system.

In 2014, Parliament enacted the Constitution (Ninety-ninth Amendment) Act along with the National Judicial Appointments Commission Act, substituting the consultation clause in Article 124(2) with a mechanism under which every judge would be appointed "on the recommendation of the National Judicial Appointments Commission referred to in article 124A." This inserted three new articles, 124A, 124B and 124C, setting out the Commission's composition, functions, and Parliament's power to regulate its procedure by law.

A five-judge Bench of the Supreme Court subsequently struck down the Ninety-ninth Amendment and the NJAC Act, holding that the new mechanism violated the independence of the judiciary and the separation of powers, both treated as elements of the Constitution's basic structure. As a result, the collegium system, resting on judicial interpretation of the pre-amendment Article 124(2), stands restored as the operative appointment process even though the amended text of Article 124 formally still refers to the NJAC.

Cessation of Office and Post-Retirement Restriction

Article 124(2) itself states that a judge holds office until attaining the age of sixty-five years, subject to two provisos: a judge may resign by writing to the President, or may be removed in the manner set out in clause (4), namely by presidential order following an address of both Houses of Parliament. Article 124(7) further bars a retired Supreme Court judge from pleading or acting in any court or before any authority within the territory of India, a restriction meant to prevent misuse of judicial standing for commercial advantage after leaving office.

UPSC Relevance

Prelims

• The original sanctioned strength under Article 124(1) was one CJI plus seven other judges.
• The current sanctioned strength (post-2019) is one CJI plus 33 other judges (34 total).
• Qualifications under Article 124(3): citizen of India, plus five years as HC judge, OR ten years as HC advocate, OR distinguished jurist.
• The Ninety-ninth Amendment (2014) and the NJAC Act were both declared unconstitutional in 2015.

Mains

• Analyse how the basic structure doctrine was invoked to strike down the NJAC and its implications for the separation of powers.
• Discuss whether progressive expansion of judge strength through ordinary legislation, without a corresponding constitutional check, has kept pace with the Supreme Court's caseload.

FAQ

Q1. Which article establishes the Supreme Court of India? Article 124 of the Constitution establishes the Supreme Court and provides for its composition.

Q2. How many judges does the Supreme Court currently have? Following the 2019 amendment act, the sanctioned strength is one Chief Justice of India and up to 33 other judges, a total of 34.

Q3. What are the qualifications to become a Supreme Court judge? A person must be an Indian citizen and either a High Court judge for five years, a High Court advocate for ten years, or a distinguished jurist in the President's opinion.

Q4. Why was the NJAC declared unconstitutional? A five-judge Bench held it violated the independence of the judiciary and separation of powers, both part of the basic structure of the Constitution.

Q5. Can a retired Supreme Court judge practise law in India? No. Article 124(7) bars a retired judge from pleading or acting in any court or authority within Indian territory.

Quick Revision

• Article 124(1): CJI + not more than 7 other judges originally; raised via ordinary legislation.
• 2019 Amendment Act: sanctioned strength raised to 34 (CJI + 33).
• Article 124(3): qualifications — citizen; 5 yrs HC judge / 10 yrs HC advocate / distinguished jurist.
• 99th Amendment (2014) + NJAC Act struck down in 2015; collegium system restored.
• Article 124(7): retired SC judges barred from practising in any Indian court/authority.

Sources

• Constitution of India, Article 124 — https://legislative.gov.in/constitution-of-india/
• Supreme Court of India, official website — https://www.sci.gov.in/
• Supreme Court Advocates-on-Record Association v. Union of India (NJAC judgment), 2015 — https://main.sci.gov.in/

Further Reference

For deeper reading on this topic and the wider polity syllabus, these standard works are recommended:

• M. Laxmikanth, Indian Polity (McGraw Hill) — the standard UPSC handbook.
• D.D. Basu, Introduction to the Constitution of India (LexisNexis) — authoritative constitutional-law treatment.
• The Constitution of India — Bare Act — the official text.

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