Question 15 of 77 · Judiciary
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SSC

The provision that 'there shall be a Supreme Court of India' consisting of a Chief Justice and other judges, the number of whom Parliament may increase by law, is contained in:

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Answer: Option A — Article 124(1)

Detailed Solution

Article 124(1) provides that there shall be a Supreme Court of India consisting of a Chief Justice of India and, until Parliament by law prescribes a larger number, not more than seven other judges.

Increase in the number of judges:

  • Parliament has increased the number of judges from time to time, by passing the Supreme Court (Number of Judges) Act.
  • The original Constitution provided for 8 judges (including the Chief Justice).
  • The number has been increased several times since then.
  • At present, the sanctioned strength is 34 judges, including the Chief Justice of India.

Appointment of judges:

  • The judges are appointed by the President.
  • Under the collegium system, which developed through the "Judges cases", the Chief Justice of India and the four senior-most judges of the Supreme Court recommend the names.

Qualifications of a judge:

A citizen of India who has been a judge of a High Court for at least five years, or an advocate of a High Court for at least ten years, or a distinguished jurist in the opinion of the President.

Removal:

  • A judge can be removed by an order of the President, after an address by each House of Parliament supported by a special majority, on the ground of proved misbehaviour or incapacity.
  • No judge of the Supreme Court has been removed so far.

Retirement age:

A judge of the Supreme Court retires at the age of 65 years.

The Supreme Court:

It was inaugurated on 28 January 1950, two days after the Constitution came into force; it replaced the Federal Court of India.

Its first Chief Justice was H. J. Kania.

It is located on Tilak Marg, New Delhi.

Why not the other options?

  • ✗Article 126 deals with the appointment of an acting Chief Justice; Article 128 with the attendance of retired judges; Article 131 with the original jurisdiction of the Supreme Court.

Quick tip

Remember: Article 124(1) = establishment and constitution of the Supreme Court (Parliament can increase the number of judges; now 34 including the CJI).

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Judiciary — Preparation

This question tests your understanding of Judiciary, a key topic in the General Knowledge section. The detailed solution above uses a step-by-step approach to show the reasoning, and where available, a shortcut that helps you solve similar questions in under 90 seconds during the actual exam.

This topic covers the Indian judiciary: the Supreme Court, High Courts and subordinate courts, the appointment and removal of judges, the collegium system, original, appellate and advisory jurisdiction, judicial review, public interest litigation, and bodies such as Lok Adalats and tribunals. Exams test the article that establishes the Supreme Court (Article 124), its advisory jurisdiction (Article 143), the power of High Courts to issue writs (Article 226), and the process for removing judges. Landmark judgments and the first holders of key judicial posts are also common, especially in law entrance exams such as CLAT and MAH LAW CET. Practise the judiciary questions below, written in the style of the general awareness sections of exams such as SSC, banking, railways, CUET GAT, MAH CET and CLAT. Each question comes with a detailed explanation that adds related facts, so every question helps you revise more than one point.