Article 124 of CoI : Article 124: Establishment and constitution of the Supreme Court.

Explanation using Example

Example 1:

Scenario: Appointment of a Supreme Court Judge

Situation: Mr. Arvind Kumar has been a judge in the Delhi High Court for 6 years. He is known for his integrity and has a commendable record of judgments.

Application of the Act:

• According to Article 124(3)(a), Mr. Arvind Kumar qualifies for appointment as a Judge of the Supreme Court because he has been a judge of a High Court for more than five years.
• The National Judicial Appointments Commission (NJAC) recommends Mr. Kumar for the position.
• The President of India, following the recommendation of the NJAC, appoints Mr. Kumar as a Judge of the Supreme Court by issuing a warrant under his hand and seal.
• Mr. Kumar will hold office until he attains the age of sixty-five years, as per Article 124(2).

Example 2:

Scenario: Resignation of a Supreme Court Judge

Situation: Justice Meera Sharma, a sitting judge of the Supreme Court, decides to resign due to personal reasons.

Application of the Act:

• As per Article 124(2) proviso (a), Justice Meera Sharma can resign from her position.
• She writes a resignation letter under her hand addressed to the President of India.
• Upon receiving her resignation, the President accepts it, and Justice Sharma's resignation is formalized.

Example 3:

Scenario: Removal of a Supreme Court Judge

Situation: Allegations of misbehavior are raised against Justice Rajesh Verma, a sitting judge of the Supreme Court.

Application of the Act:

• According to Article 124(4), a judge can only be removed on the grounds of proved misbehavior or incapacity.
• An investigation is conducted as per the procedure regulated by Parliament under Article 124(5).
• Both Houses of Parliament address the President, with each House supporting the removal by a majority of the total membership and by a majority of not less than two-thirds of the members present and voting.
• The President then passes an order for the removal of Justice Rajesh Verma from his office.

Example 4:

Scenario: Oath of a Newly Appointed Supreme Court Judge

Situation: Ms. Priya Desai is appointed as a Judge of the Supreme Court.

Application of the Act:

• Before entering upon her office, Ms. Priya Desai must make and subscribe an oath or affirmation.
• As per Article 124(6), she takes the oath before the President of India or a person appointed by the President for this purpose.
• The form of the oath is set out in the Third Schedule of the Constitution of India.

Example 5:

Scenario: Post-Retirement Restrictions on a Supreme Court Judge

Situation: Justice Anil Kapoor retires from the Supreme Court after reaching the age of sixty-five.

Application of the Act:

• According to Article 124(7), Justice Anil Kapoor cannot plead or act in any court or before any authority within the territory of India after his retirement.
• This ensures that there is no conflict of interest and maintains the integrity of the judiciary.