Article 124(1)
Parliament's Power to Prescribe the Supreme Court's Size
Article 124 of the Constitution, 1950, establishes the Supreme Court and creates a flexible architecture for its composition. Rather than fixing the number of judges, the framers chose to vest that determination in Parliament through ordinary legislation. Article 124(1) provides that the Supreme Court shall consist of a Chief Justice and "such number of other judges as Parliament may by law prescribe."
- Article 124(1): empowers Parliament to determine SC judge strength by law — simple majority bill suffices
- Article 124(2): governs appointment of judges — President acts on collegium recommendation
- Article 124(4): removal of a SC judge requires an address by both Houses with a special majority (two-thirds of members present and voting, and a majority of the total membership of each House) — the only provision requiring a special majority in SC judge-related matters
- The number of judges is NOT a constitutional matter requiring amendment under Article 368; it is decided by ordinary legislation
- Judges hold office until age 65 (Article 124(2))
● Tracked since May 05, 2026 · last seen August 04, 2026 · updates as the daily brief publishes
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