The age of a Judge of the Supreme Court of india shall be determined by such authority and in such manner as Parliament may by laws provide,inserted by -

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A. 15th Constitution Amendment. Article 124 - Establishment and Constitution of the Supreme Court Article 124(1) - There shall be a Supreme Court of India consisting of a Chief Justice (CJI) and not more than seven other Judges unless Parliament by law provides for a greater number of other Judges. Parliament has the power to increase the number of Judges by law. The number of Judges has been increased six times since 1950. The Constitution is not amended to increase the number of Judges. Currently, there is one Chief Justice and 33 other Judges, making a total of 34 Judges. In February 2009, the Central Government increased this number from 26 to 31 by the 2008 Amendment Act. In 2019, the Central Government increased the number of Judges of the Supreme Court from 31 to 34, including the Chief Justice of India. This number has been increased from time to time: ■ 1950: 8 (originally) ■ 1956: 11 ■ 1960: 14 ■ 1977: 18 ■ 1986: 26 ■ 2008: 31 ■ 2019: 34 Article 348 clearly states that all proceedings of the Supreme Court shall be conducted in the English language. Article 124(2): Appointment of Judges of the Supreme Court and High Courts The President appoints the Judges of the Supreme Court and High Courts. The President appoints the Chief Justice after consultation with other judges and High Court judges. Consultation with the Chief Justice is necessary in the appointment of judges other than the Chief Justice. Every Judge shall hold office until he attains the age of sixty-five years. A Judge may, by writing under his hand addressed to the President, resign his office; A Judge may be removed from his office in the manner provided in Article 124(4). The Constitution is silent on the appointment of the Chief Justice, but the tradition has been that the senior-most judge is appointed CJI. But this tradition was broken twice— 1. 1973 – Appointment of Ajit Nath Ray ● The Indira Gandhi government broke the seniority criterion and appointed Ajit Nath Ray as CJI. ● Three senior-most judges (J.M. Shelat, K.S. Hegde, and A.N. Grover) were ignored. ● Reason – In the Kesavananda Bharati case (1973), these three had ruled in favor of the Basic Structure Doctrine, which limited the amending power of Parliament. 2. 1977 – Appointment of M.H. Beg ● The Indira Gandhi government appointed M.H. Beg as CJI, overriding the senior-most judge, H.R. Khanna. ● Reason – In ADM Jabalpur vs. Shivkant Shukla (Emergency case, 1976), Justice H.R. Khanna PYQ’s Solution English 1 had ruled against the suspension of the right to life and liberty. ● The other four judges (Ajit Nath Ray, M.H. Beg, P.N. Bhagwati, Y.V. Chandrachud) had ruled in favor of the government (4:1). Article 124 (2A): Age of a Judge of the Supreme Court 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. [Added by the 15th Constitutional Amendment ] Article 124(3) Qualifications Qualifications for Judges: 1. Be a citizen of India. 2. Be a judge of a High Court for at least five consecutive years or 3. Be an advocate of a High Court for at least ten consecutive years. 4. Be a distinguished jurist in the opinion of the President. ● No person from this category has yet been appointed a judge. Note: No minimum age mentioned, maximum age 65 years. Article 124(4) - Removal of judges - Two grounds: 1. Proved misbehavior and 2. Incapacity ● Misbehavior is not defined in the Constitution. Article 124(6) - Oath Every person aspiring to be a Judge of the Supreme Court shall make and subscribe an oath or affirmation before entering upon his office. This oath is sworn before the President of India or his appointee to the office, to bear true faith and allegiance to the Constitution of India and to uphold the dignity of the Constitution of India and to uphold the integrity of the Constitution of India. The form of the oath is given in the Third Schedule of the Constitution. After taking the oath/affirmation, the judge signs it. Article 124(7) - Restrictions on Retired Supreme Court Judges Prohibition on Practising After retirement, no Supreme Court judge may practice as an advocate in any court in India. Office of Profit Retired judges cannot accept any office of profit under the Government of India or a State Government. Exceptional Examples (Non-Profit Offices) The office of Governor is not considered an office of profit. Example: P. Sathasivam (Former CJI) Appointed Governor of Kerala.