Introduction

The Supreme Court of India is the highest judicial body in the country. It plays a crucial role in upholding the rule of law and ensuring justice for all. The establishment and constitution of the Supreme Court are governed by Article 124 of the Indian Constitution. This article lays down the foundation and framework for the functioning of this esteemed institution.

Article 124: A Brief Overview

Article 124 of the Indian Constitution deals with the establishment and constitution of the Supreme Court. It outlines the composition, qualifications, appointment, and other important aspects of the court.

Composition of the Supreme Court

The Supreme Court consists of a Chief Justice of India (CJI) and other judges, as determined by the Parliament. The number of judges can be increased or decreased by the Parliament as per the need. Currently, the sanctioned strength of the Supreme Court is 34 judges, including the CJI.

Qualifications for Appointment

To be eligible for appointment as a judge of the Supreme Court, a person must possess the following qualifications:

• He/she should be a citizen of India.
• He/she should have been a judge of a High Court for at least five years, or
• He/she should have been an advocate of a High Court for at least ten years, or
• He/she should be a distinguished jurist, in the opinion of the President.

The qualifications ensure that the judges appointed to the Supreme Court have the necessary expertise and experience to discharge their duties effectively.

Appointment Process

The President of India appoints the judges of the Supreme Court. However, the President's power to appoint the judges is exercised in consultation with the Chief Justice of India and other senior judges of the court. This consultation process helps in maintaining the independence and integrity of the judiciary.

Once appointed, a judge of the Supreme Court holds office until the age of 65 years. However, a judge can resign before reaching the retirement age, or can be removed through a process of impeachment by the Parliament.

Independence of the Supreme Court

The independence of the judiciary, including the Supreme Court, is of paramount importance for the effective functioning of a democracy. Article 124 ensures the independence of the Supreme Court by providing safeguards against arbitrary removal of judges.

A judge of the Supreme Court can only be removed through a process of impeachment by the Parliament. This process requires a motion to be passed by a special majority in both the houses of Parliament, followed by an inquiry conducted by a committee of judges and members of Parliament.

Functions of the Supreme Court

The Supreme Court has been entrusted with various functions under the Indian Constitution. Some of the key functions include:

• Interpreting the Constitution and ensuring its uniform application throughout the country.
• Adjudicating disputes between the Union and State governments, and between different states.
• Protecting the fundamental rights of citizens.
• Acting as the guardian of the Constitution and upholding the rule of law.
• Providing legal remedies through writs, appeals, and other judicial processes.

These functions enable the Supreme Court to maintain the balance of power, protect individual rights, and ensure justice in the country.

Conclusion

Article 124 of the Indian Constitution lays down the establishment and constitution of the Supreme Court. It ensures the independence and integrity of the judiciary by providing for the appointment, qualifications, and removal of judges. The Supreme Court, as the highest judicial body in India, plays a crucial role in upholding the rule of law and ensuring justice for all. Its functions are vital for the smooth functioning of a democratic society. Understanding Article 124 helps in appreciating the significance of the Supreme Court and its role in the Indian legal system.