Article 124(1) is a foundational provision of the Indian Constitution, establishing the apex judicial body of the country – the Supreme Court of India. Located in Part V of the Constitution, which deals with the Union, and specifically in Chapter IV concerning the Union Judiciary, this article sets the stage for the independent and integrated judicial system envisioned by the framers.
It lays down the fundamental structure of the Supreme Court, defining its composition at the time of the Constitution’s commencement and providing the mechanism for its future evolution regarding the number of judges. This seemingly simple clause is crucial as it vests the ultimate judicial authority in a single, supreme institution, vital for upholding the Constitution and administering justice throughout the nation.
Original Text
(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 thirty-three other Judges.
Detailed Explanation
Article 124(1) unequivocally mandates the creation and existence of the Supreme Court of India. The phrasing “There shall be a Supreme Court of India” establishes it as a constitutionally entrenched institution, not dependent on ordinary legislation for its existence.
The article further specifies the composition of this apex court. It states that the Supreme Court shall consist of two categories of judges:
- A Chief Justice of India: This designates the head of the Supreme Court, distinct from other judges. The Chief Justice holds administrative responsibilities in addition to judicial ones and presides over the court.
- Other Judges: The article initially sets a maximum limit on the number of “other Judges” at the time the Constitution commenced. This initial limit was seven (7) other judges. Thus, at its inception, the Supreme Court was constituted with a Chief Justice and seven other judges, totalling eight judges.
Crucially, Article 124(1) includes a crucial phrase: “until Parliament by law prescribes a larger number”. This grants the power to the Parliament of India to increase the number of “other Judges” beyond the initial limit. This power is to be exercised through passing a law, demonstrating the Constitution’s foresight in allowing the size of the Supreme Court to be adjusted based on the evolving needs of the country’s judicial system, such as increased caseload or complexity of legal issues. Parliament cannot decrease the number below the initial constitutional provision (CJI + 7 other judges) through this power, but it can increase the limit.
Over time, Parliament has exercised this power several times through the enactment and amendment of the Supreme Court (Number of Judges) Act. The number of other judges has been increased from 7 to 10, then 13, 17, 25, 30, and currently stands at 33 other judges. This means the Supreme Court currently consists of the Chief Justice of India and not more than thirty-three other judges, making the total sanctioned strength 34.
In summary, Article 124(1) is the constitutional basis for the Supreme Court, defining its essential composition at commencement and providing a flexible mechanism for Parliament to determine its size subsequently, while always maintaining the position of the Chief Justice as distinct from other judges.
Detailed Notes
- Establishment: Article 124(1) mandates the creation and existence of the Supreme Court of India.
- Constitutional Body: The Supreme Court is a constitutionally established institution.
- Composition: The Supreme Court consists of:
- A Chief Justice of India (CJI).
- Other Judges.
- Initial Number of Other Judges: At the commencement of the Constitution, the number of “other Judges” was limited to not more than seven (7).
- Total Initial Strength: The initial total strength of the Supreme Court was the CJI + 7 other Judges = 8 judges.
- Power to Increase Number: Parliament has the exclusive power to increase the number of “other Judges”.
- Mechanism for Increase: Parliament must prescribe a larger number “by law”. This means passing legislation (an Act of Parliament).
- Flexibility: This provision allows the size of the Supreme Court to be adjusted based on national requirements (e.g., caseload).
- Current Number of Other Judges: Parliament has increased the number of other judges over time through legislation. Currently, by law (Supreme Court (Number of Judges) Act, 1956, as amended), the number of other judges is fixed at not more than thirty-three (33).
- Current Total Strength: The current sanctioned strength of the Supreme Court is the CJI + 33 other Judges = 34 judges.
- Separation of Roles: The article distinguishes the Chief Justice of India from the “other Judges”.
Additional Comments
- Article 124(1) is fundamental as it lays the foundation for India’s unified and independent judiciary headed by the Supreme Court.
- The power granted to Parliament to increase the number of judges reflects the practical understanding by the Constitution makers that the workload and complexity of the apex court would likely grow with the nation.
- The Supreme Court (Number of Judges) Act, 1956 is the primary legislation enacted by Parliament under the authority of Article 124(1) to regulate the number of judges. This Act has been amended multiple times.
- The current sanctioned strength of 34 (CJI + 33 other judges) was fixed by the Supreme Court (Number of Judges) Amendment Act, 2019.
- This structure contrasts with the Federal Court of India established under the Government of India Act, 1935, which was the precursor to the Supreme Court.
Summary
Article 124(1) of the Indian Constitution mandates the establishment of the Supreme Court of India. It specifies that the Court shall consist of a Chief Justice of India and initially, not more than seven other judges. The article grants Parliament the authority to increase the number of other judges by enacting a law. This provision ensures the Supreme Court’s foundational composition while providing flexibility for its size to evolve according to the nation’s needs. Parliament has exercised this power over the years, significantly increasing the number of other judges from the initial limit to the current sanctioned strength of thirty-three.