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Part V · Articles
52 · The President of India. 53 · Executive power of the Union. 54 · Election of President. 55 · Manner of election of President. 56 · Term of office of President. 57 · Eligibility for re-election. 58 · Qualifications for election as... 59 · Conditions of President's office. 60 · Oath or affirmation by the... 61 · Procedure for impeachment of the... 62 · Time of holding election to fill... 63 · The Vice-President of India. 64 · The Vice-President to be ex... 65 · The Vice-President to act as... 66 · Election of Vice-President. 67 · Term of office of Vice-President. 68 · Time of holding election to fill... 69 · Oath or affirmation by the... 70 · Discharge of President's functions... 71 · Matters relating to, or connected... 72 · Power of President to grant... 73 · Extent of executive power of the... 74 · Council of Ministers to aid and... 75 · Other provisions as to Ministers. 76 · Attorney-General for India. 77 · Conduct of business of the... 78 · Duties of Prime Minister as... 79 · Constitution of Parliament. 80 · Composition of the Council of... 81 · Composition of the House of the... 82 · Readjustment after each census. 83 · Duration of Houses of Parliament. 84 · Qualification for membership of... 85 · Sessions of Parliament,... 86 · Right of President to address and... 87 · Special address by the President. 88 · Rights of Ministers and... 89 · The Chairman and Deputy Chairman... 90 · Vacation and resignation of, and... 91 · Power of the Deputy Chairman or... 92 · The Chairman or the Deputy... 93 · The Speaker and Deputy Speaker of... 94 · Vacation and resignation of, and... 95 · Power of the Deputy Speaker or... 96 · The Speaker or the Deputy Speaker... 97 · Salaries and allowances of the... 98 · Secretariat of Parliament. 99 · Oath or affirmation by members. 100 · Voting in Houses, power of Houses... 101 · Vacation of seats. 102 · Disqualifications for membership. 103 · Decision on questions as to... 104 · Penalty for sitting and voting... 105 · Powers, privileges, etc., of the... 106 · Salaries and allowances of... 107 · Provisions as to introduction and... 108 · Joint sitting of both Houses in... 109 · Special procedure in respect of... 110 · Definition of “Money Bills”. 111 · Assent to Bills. 112 · Annual financial statement. 113 · Procedure in Parliament with... 114 · Appropriation Bills. 115 · Supplementary, additional or... 116 · Votes on account, votes of credit... 117 · Special provisions as to financial... 118 · Rules of procedure. 119 · Regulation by law of procedure in... 120 · Language to be used in Parliament. 121 · Restriction on discussion in... 122 · Courts not to inquire into... 123 · Power of President to promulgate... 124 · Establishment and constitution of... 124A · National Judicial Appointments... 124B · Functions of Commission. 124C · Power of Parliament to make law. 125 · Salaries, etc., of Judges. 126 · Appointment of acting Chief... 127 · Appointment of ad hoc Judges. 128 · Attendance of retired Judges at... 129 · Supreme Court to be a court of... 130 · Seat of Supreme Court. 131 · Original jurisdiction of the... 131A · Exclusive jurisdiction of the... 132 · Appellate jurisdiction of the... 133 · Appellate jurisdiction of the... 134 · Appellate jurisdiction of the... 134A · Certificate for appeal to the... 135 · Jurisdiction and powers of the... 136 · Special leave to appeal by the... 137 · Review of judgments or orders by... 138 · Enlargement of the jurisdiction of... 139 · Conferment on the Supreme Court of... 139A · Transfer of certain cases. 140 · Ancillary powers of the Supreme... 141 · Law declared by Supreme Court to... 142 · Enforcement of decrees and orders... 143 · Power of the President to consult... 144 · Civil and judicial authorities to... 144A · Special provisions as to disposal... 145 · Rules of Court, etc. 146 · Officers and servants and the... 147 · Interpretation. 148 · Comptroller and Auditor-General of... 149 · Duties and powers of the... 150 · Form of accounts of the Union and... 151 · Audit reports.
124
Chapter IV.—The Union Judiciary

Establishment and constitution of the Supreme Court.

(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 1[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:

2[* * * * *]

3[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).

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-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.

Footnotes (from the official text)

* * Now “thirty-three” vide the Supreme Court (Number of Judges) Amendment Act, 2019 (37 of 2019), s. 2 (w.e.f. 9-8-2019).

1 Subs. by the Constitution (Ninety-ninth Amendment) Act, 2014, s. 2, for "after consultation with such of the Judges of the Supreme Court and of the High Court in the States as the President may deem necessary for the purpose" (w.e.f. 13-4-2015). This amendment has been struck down by the Supreme Court in the case of Supreme Court Advocates-on-Record Association and another Vs. Union of India in its judgment dated 16-10-2015, AIR 2016 SC 117.

2 The first proviso was omitted by s. 2, ibid. The proviso was as under:— "Provided that in the case of appointment of a Judge other than the Chief Justice, the Chief Justice of India shall always be consulted:" This amendment has been struck down by the Supreme Court in the case of Supreme Court Advocates-on-Record Association and another Vs. Union of India in its judgment dated 16-10-2015, AIR 2016 SC 117.

3 Subs. by s. 2, ibid. for "provided further that" This amendment has been struck down by the Supreme Court in the Supreme Court Advocates-on-Record Association and another Vs Union of India judgment dated 16-10-2015, AIR 2016 SC 117.

4 Ins. by the Constitution (Fifteenth Amendment) Act, 1963, s. 2 (w.e.f. 5-10-1963).

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