Article 124(3) of the Indian Constitution: Qualifications for Appointment as Supreme Court Judge

Article 124 of the Indian Constitution establishes the Supreme Court of India and outlines its composition, appointment of judges, tenure, and other related matters. Clause (3) of this crucial article specifically lays down the essential qualifications that a person must possess to be considered eligible for appointment as a Judge of the Supreme Court. These qualifications are designed to ensure that the highest court of the land is composed of individuals with significant legal expertise, experience, and standing.

The provisions of Article 124(3) reflect the framers’ intent to draw talent from various streams of the legal profession, including the judiciary itself, the bar, and distinguished legal scholarship. Adherence to these qualifications is a prerequisite for any appointment to the esteemed position of a Supreme Court Judge, safeguarding the competence and credibility of the Indian judiciary’s apex body.

Original Text

(3) A person shall not be qualified for appointment as a Judge of the Supreme Court unless he is a citizen of India and—

(a) has been for at least five years a Judge of a High Court or of two or more such Courts in succession; or

(b) has been for at least ten years an advocate of a High Court or of two or more such Courts in succession; or

(c) is, in the opinion of the President, a distinguished jurist.

Detailed Explanation

Article 124(3) meticulously lists the criteria necessary for a person to be deemed qualified for appointment as a Judge of the Supreme Court of India. These qualifications are cumulative in some aspects (e.g., being a citizen of India) but disjunctive in others (meeting one of the experience criteria is sufficient).

1. Citizenship: The primary requirement is that the individual must be a citizen of India. This fundamental condition ensures that the judges of the country’s highest court hold allegiance to the nation.

2. Experience Criteria (Any One of the following): The article provides three alternative paths based on legal experience or standing:

   • (a) Judicial Experience: The person must have served as a Judge of a High Court, or of two or more High Courts successively, for a period of at least five years. This criterion ensures that individuals appointed have direct experience in judicial decision-making, understanding of court procedures, and a track record on the bench.

   • (b) Advocacy Experience: The person must have been an advocate of a High Court, or of two or more High Courts successively, for a period of at least ten years. This criterion recognises the importance of experience gained through practice at the bar, involving arguments, court craft, and deep engagement with legal issues from the perspective of a practicing lawyer.

   • (c) Distinguished Jurist: This is a unique provision allowing for the appointment of a person who is, in the opinion of the President, a distinguished jurist. This category was included to enable the appointment of eminent legal scholars, academics, or other persons of exceptional legal acumen who may not have served as judges or practiced extensively in High Courts. It provides flexibility to bring diverse perspectives and expertise to the bench, though appointments under this category have been historically rare.

The phrase “of two or more such Courts in succession” in clauses (a) and (b) clarifies that the required period of experience (five years as a Judge or ten years as an advocate) can be accumulated across different High Courts, provided there is continuity in the service or practice.

Detailed Notes

• Requirement for Appointment: A person is qualified for appointment as a Supreme Court Judge only if they meet the specified criteria.
• Mandatory Qualification: Must be a citizen of India.
• Alternative Qualifications (One of the following must be met):
  • Option 1: Judicial Experience
    • Must have served as a Judge of a High Court (or High Courts in succession).
    • Minimum duration: At least five years.
  • Option 2: Advocacy Experience
    • Must have been an advocate of a High Court (or High Courts in succession).
    • Minimum duration: At least ten years.
  • Option 3: Distinguished Jurist
    • Must be considered a distinguished jurist.
    • Determination is in the opinion of the President.
• “In succession”: Refers to the accumulation of required judicial service or advocacy experience across different High Courts without significant break.
• Purpose of Qualifications: To ensure competence, experience, and legal standing of Supreme Court Judges.
• Source of Talent: Draws from sitting High Court Judges, senior advocates, and potentially eminent legal scholars/academics.
• Distinguished Jurist Clause: Provides flexibility to appoint persons with exceptional legal knowledge outside traditional judicial/advocacy paths.
• Implementation: The actual process of selecting individuals meeting these qualifications involves the collegium system (Supreme Court and High Court Judges) recommending names to the President, as evolved through judicial pronouncements.

Additional Comments

• The ‘distinguished jurist’ category (Article 124(3)(c)) is a notable feature, intended to broaden the pool of potential judges beyond the conventional routes. However, appointments under this category have been exceptionally rare in the history of the Supreme Court of India, leading to discussions about its underutilization and potential.
• While Article 124(3) lists the qualifications, the procedure for appointment is governed by Article 124(2), which involves consultation with Judges of the Supreme Court and High Courts, and has evolved significantly through judicial interpretation, establishing the collegium system.
• The qualifications focus on experience and standing, complementing other aspects of judicial appointment like age limits (though not specified within 124(3) itself, the retirement age is fixed by Article 124(2)) and the oath of office (Article 124(6)).

Summary

Article 124(3) of the Indian Constitution defines the eligibility criteria for appointment as a Judge of the Supreme Court. A person must be a citizen of India. Additionally, they must fulfil one of three experience-based qualifications: having served as a High Court Judge for a minimum of five years, having been an advocate of a High Court for at least ten years, or being, in the judgment of the President, a distinguished jurist. These requirements aim to ensure that individuals appointed to the Supreme Court possess the necessary legal expertise, judicial temperament, and professional standing.