Article 124(1) of the Indian Constitution deals with the establishment and composition of the Supreme Court of India.
It says that there shall be a Supreme Court of India consisting of the Chief Justice of India and such number of other judges as Parliament may by law prescribe.
This provision is important because it creates the constitutional foundation of India’s highest court and gives Parliament the power to decide the strength of Supreme Court judges.
Constitutional Meaning
Article 124(1) establishes the Supreme Court as the apex judicial body of India.
Originally, the Constitution provided for:
- one Chief Justice of India
- seven other judges
However, Article 124(1) also allows Parliament to increase the number of judges by law. This was necessary because the workload of the Supreme Court was expected to grow with time.
At present, the sanctioned strength of the Supreme Court is 34 judges, including the Chief Justice of India.
Composition of the Supreme Court
The Supreme Court consists of:
- Chief Justice of India
- other judges appointed as per constitutional procedure
The number of judges is not fixed permanently in the Constitution. Parliament can change it through ordinary law.
This flexibility is important because the Supreme Court’s workload has expanded due to:
- constitutional cases
- civil and criminal appeals
- public interest litigation
- special leave petitions
- inter-state disputes
- election matters
- fundamental rights cases
Therefore, Article 124(1) gives Parliament the power to adjust judicial strength according to institutional needs.
Link with Other Clauses of Article 124
Article 124(1) only deals with the establishment and composition of the Supreme Court.
Other clauses of Article 124 deal with related matters.
Article 124(2) deals with the appointment of Supreme Court judges by the President.
Article 124(3) provides the qualifications for appointment as a Supreme Court judge.
Article 124(4) deals with the removal of Supreme Court judges through a special parliamentary process.
Article 124(5) allows Parliament to regulate the procedure for investigation and proof of misbehaviour or incapacity.
So, Article 124 as a whole covers the institutional structure, appointment, qualification and removal of Supreme Court judges.
Significance
Article 124(1) is significant because it gives constitutional recognition to the Supreme Court as the guardian of the Constitution.
The Supreme Court performs several important functions:
- final court of appeal
- protector of fundamental rights
- interpreter of the Constitution
- guardian of federal balance
- authority for judicial review
- advisory jurisdiction under Article 143
- settlement of certain disputes between Union and States
The provision also reflects the independence of the judiciary. By constitutionally establishing the Supreme Court, the framers ensured that the highest court would not depend on ordinary executive discretion for its existence.
Conclusion
Article 124(1) establishes the Supreme Court of India.
It provides that the Court shall consist of the Chief Justice of India and other judges as Parliament may determine by law.
Its importance lies in creating India’s apex constitutional court and giving flexibility to Parliament to increase the number of judges according to the needs of justice administration.
