What is Article 124 to 147?
Historical Background
Key Points
14 points- 1.
Article 124 deals with the establishment and constitution of the Supreme Court. It states that there shall be a Supreme Court of India consisting of a Chief Justice of India and, until Parliament prescribes a larger number, of not more than seven other judges. This number has been increased over time to meet the growing caseload. Today, the Supreme Court has 34 judges (including the Chief Justice).
- 2.
Article 124(2) specifies the appointment process of Supreme Court judges. Judges are appointed by the President of India after consultation with such of the judges of the Supreme Court and of the High Courts as the President may deem necessary. In practice, this has evolved into the Collegium system, where a panel of senior judges recommends names for appointment.
- 3.
Article 124(4) outlines the procedure for the removal of a Supreme Court judge. A judge can only be removed from office by an order of the President passed after an address by each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting. This is a very difficult process, designed to protect the independence of the judiciary.
- 4.
Article 125 deals with the salaries of the judges. The salaries, allowances, and pensions of Supreme Court judges are determined by Parliament and are charged on the Consolidated Fund of India. This means they are not subject to annual parliamentary vote, further safeguarding judicial independence.
- 5.
Article 126 allows for the appointment of an acting Chief Justice when the Chief Justice is temporarily unable to perform their duties. This ensures the smooth functioning of the court even in the absence of the Chief Justice.
- 6.
Article 129 declares the Supreme Court to be a court of record. This means that the judgments and proceedings of the Supreme Court are recorded and serve as precedents for future cases. It also has the power to punish for contempt of itself.
- 7.
Article 131 defines the original jurisdiction of the Supreme Court. This means that certain cases can be directly filed in the Supreme Court, such as disputes between the Government of India and one or more states, or between two or more states. This is crucial for resolving federal disputes.
- 8.
Article 132 deals with the appellate jurisdiction of the Supreme Court in cases involving a substantial question of law as to the interpretation of the Constitution. This allows the Supreme Court to hear appeals from High Courts on constitutional matters.
- 9.
Article 136 grants the Supreme Court special leave to appeal from any judgment, decree, determination, sentence, or order in any cause or matter passed by any court or tribunal in the territory of India. This is a discretionary power that the Supreme Court uses sparingly, typically in cases of grave injustice or significant public importance.
- 10.
Article 137 gives the Supreme Court the power to review its own judgments or orders. This allows the Court to correct any errors or inconsistencies in its previous decisions, ensuring justice is served.
- 11.
Article 141 states that the law declared by the Supreme Court shall be binding on all courts within the territory of India. This establishes the principle of stare decisis, where the Supreme Court's rulings become the law of the land.
- 12.
Article 142 empowers the Supreme Court to pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it. This is a broad power that allows the Court to go beyond the strict letter of the law to ensure fairness.
- 13.
Article 143 allows the President of India to consult the Supreme Court on any question of law or fact of public importance. This is known as the advisory jurisdiction of the Supreme Court. The President is not bound by the Supreme Court's advice, but it provides valuable guidance on complex legal issues.
- 14.
Article 145 empowers the Supreme Court to make rules for regulating the practice and procedure of the Court. These rules govern how cases are filed, heard, and decided in the Supreme Court.
Visual Insights
Key Articles related to the Supreme Court
Comparison of key articles (124-147) of the Indian Constitution related to the Supreme Court, highlighting their significance.
| Article | Description | Significance |
|---|---|---|
| Article 124 | Establishment and Constitution of Supreme Court | Defines the structure and composition of the Supreme Court |
| Article 129 | Supreme Court as a court of record | Judgments serve as precedents and has power to punish for contempt |
| Article 131 | Original Jurisdiction of Supreme Court | Deals with disputes between the Government of India and states |
| Article 136 | Special Leave to Appeal | Grants the Supreme Court discretionary power to hear appeals |
| Article 141 | Law declared by Supreme Court binding on all courts | Establishes the principle of *stare decisis* |
Recent Developments
10 developmentsIn 2015, the Parliament passed the National Judicial Appointments Commission (NJAC) Act to replace the Collegium system for appointing judges. However, the Supreme Court struck down the NJAC Act as unconstitutional, reaffirming the importance of judicial independence.
In recent years, there has been increasing debate about the transparency and accountability of the Collegium system, with calls for greater public scrutiny of the appointment process.
The Supreme Court has been actively using its powers under Article 142 to ensure complete justice in various cases, including environmental protection and human rights matters.
The number of pending cases in the Supreme Court remains a significant challenge, leading to delays in justice delivery. Efforts are being made to streamline procedures and increase the efficiency of the court.
In 2023, the Supreme Court issued guidelines to High Courts regarding the listing of cases, aiming to reduce the backlog and ensure timely disposal of matters.
In 2024, the Supreme Court heard a case related to the interpretation of Article 131 concerning a dispute between the state of Kerala and the Union Government regarding borrowing powers.
The Supreme Court has increasingly used technology, such as e-filing and virtual hearings, to improve access to justice and reduce the impact of geographical barriers.
In 2025, the Supreme Court emphasized the importance of maintaining the dignity and integrity of the judiciary, cautioning against any actions that could erode public trust in the institution.
The Supreme Court has been proactive in addressing issues related to environmental pollution, citing Article 21 (Right to Life) and Article 48A (Directive Principles of State Policy) to uphold the right to a clean environment.
In 2026, the Union Education Minister ordered a probe into an NCERT textbook row after the Supreme Court took suo motu cognizance of a media report highlighting controversial content related to the judiciary, emphasizing the judiciary's role in building public trust.
This Concept in News
1 topicsFrequently Asked Questions
121. Why does the Constitution specify a difficult removal process for Supreme Court judges (Article 124(4))? What problem does this solve?
The stringent removal process, requiring a special majority in both Houses of Parliament, is designed to safeguard judicial independence. It prevents the executive or legislature from removing judges based on political considerations or disagreements with their judgments. This ensures that judges can make impartial decisions without fear of reprisal, protecting the rule of law and citizens' rights.
2. Article 131 defines the Supreme Court's original jurisdiction. What kind of cases fall ONLY under this jurisdiction, and why is it important?
Article 131 grants the Supreme Court original jurisdiction over disputes between the Government of India and one or more states, or between two or more states. This is crucial for resolving federal disputes and maintaining the balance of power between the Union and the states. These cases cannot be initiated in any other court.
3. How does the Collegium system, which evolved from Article 124(2), work in practice? What are its main criticisms?
The Collegium system is a process where a panel of the senior-most judges of the Supreme Court recommends names for appointment to the Supreme Court and High Courts. While Article 124(2) mentions consultation with judges, the Collegium has become the primary decision-maker. Criticisms include a lack of transparency, potential for nepotism, and the exclusion of other stakeholders in the appointment process. The NJAC Act was an attempt to replace it.
4. What is the significance of Article 129, which declares the Supreme Court a 'court of record'? How does this impact lower courts?
Article 129 means that the Supreme Court's judgments and proceedings are recorded and serve as precedents for all lower courts in India. This ensures consistency and predictability in the application of the law. The Supreme Court also has the power to punish for contempt of itself, which reinforces its authority.
5. In an MCQ about Article 124 to 147, what is a common trap examiners set regarding the appointment of judges?
A common trap is to suggest that the President has absolute discretion in appointing judges. While the President formally appoints, they are bound by the Collegium's recommendations. Another trap is to confuse the roles of the President and the Chief Justice in the appointment process.
Exam Tip
Remember: The President appoints, but the Collegium proposes. The President cannot unilaterally appoint a judge.
6. Why do students often confuse Article 131 (original jurisdiction) with Article 32 (writ jurisdiction of the Supreme Court), and what is the correct distinction?
Students confuse them because both involve approaching the Supreme Court directly. However, Article 131 deals with disputes between governmental entities (Union vs. State, or State vs. State), while Article 32 allows individuals to directly approach the Supreme Court for the enforcement of their fundamental rights. Article 32 is about fundamental rights violations; Article 131 is about federal disputes.
Exam Tip
Think: '32' is about 'you' (individual rights), while '131' is about 'the states and Union'.
7. What is the one-line distinction between Article 124 (establishment of the Supreme Court) and Article 214 (establishment of High Courts for states)?
Article 124 establishes the Supreme Court at the national level, while Article 214 mandates a High Court for each state (or a group of states).
Exam Tip
Remember: 124 is 'one' Supreme Court for the 'country'. 214 is 'two' (or more) High Courts for 'states'.
8. Article 142 is often invoked to ensure 'complete justice'. Can you give a recent example of the Supreme Court using this power, and what were the implications?
Recently, the Supreme Court has used Article 142 in environmental cases, such as directing specific actions to clean up polluted rivers or protect forests, even if existing laws were insufficient. This demonstrates the Court's willingness to go beyond existing legal frameworks to address pressing issues.
9. The National Judicial Appointments Commission (NJAC) Act aimed to replace the Collegium. Why did the Supreme Court strike it down?
The Supreme Court struck down the NJAC Act because it was deemed to undermine the independence of the judiciary, which is a basic feature of the Constitution. The Court felt that the inclusion of executive and political members in the NJAC would compromise the judiciary's ability to act impartially.
10. What is the strongest argument critics make against the Collegium system, and how would you respond to that criticism?
The strongest argument against the Collegium is its lack of transparency and potential for bias, leading to appointments based on personal connections rather than merit. While acknowledging these concerns, one could argue that the Collegium has largely preserved judicial independence, and reforms focusing on transparency and clear criteria could address the criticisms without compromising this independence. A balanced approach is needed.
11. How should India reform or strengthen the Supreme Court's functioning under Articles 124 to 147 going forward, considering the increasing caseload and delays?
Several reforms could be considered: increasing the number of judges (while maintaining quality), streamlining case management procedures, promoting the use of technology for court proceedings, and improving infrastructure. Additionally, exploring alternative dispute resolution mechanisms for certain types of cases could reduce the burden on the Supreme Court. Some argue for a constitutional court to deal solely with constitutional matters.
12. How does India's Supreme Court appointment process (Articles 124-126) compare with that of the United States, and what are the relative advantages and disadvantages?
In the US, the President nominates judges, and the Senate confirms them, leading to a more politicized process. India's Collegium system aims for judicial independence but lacks transparency. The US system offers more public scrutiny but can be highly partisan. India's system is less transparent but potentially less influenced by political considerations. A key difference is the role of the legislature: very strong in the US, almost nil in India.