The Constitution of India has the following
provisions regarding the Supreme Court of India:
Article 124:
Establishment and constitution of 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.
(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. 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).
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.
(4) 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).
(5) 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.
(6) 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:
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.
