- (a) shall be laid before both Houses of Parliament and shall cease to operate at the expiration of six weeks from the reassembly of Parliament, or, if before the expiration of that period resolutions disapproving it are passed by both Houses, upon the passing of the second of those resolutions; and
- (b) may be withdrawn at any time by the President.
Explanation.—Where the Houses of Parliament are summoned to reassemble on different dates, the period of six weeks shall be reckoned from the later of those dates for the purposes of this clause.
- (3) If and so far as an Ordinance under this article makes any provision which Parliament would not under this Constitution be competent to enact, it shall be void.
- [1] (4)*****
CHAPTER IV.—THE UNION JUDICIARY
124. Establishment and constitution of Supreme Court.—(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 seven[2] other Judges.
- (2) Every Judge of the Supreme Court shall be appointed by the President by warrant under his hand and seal [3][on the recommendation of the National Judicial Appointments Commission referred to in article 124A] and shall hold office until he attains the age of sixty-five years:
[4][*****]
[5][Provided that]—
- (a) a Judge may, by writing under his hand addressed to the President, resign his office;
- (b) a Judge may be removed from his office in the manner provided in clause (4).
- (2A) The age of a Judge of the Supreme Court shall be determined by such authority and in such manner as Parliament may by law provide.
- (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.
- Explanation I.—In this clause “High Court” means a High Court which exercises, or which at any time before the commencement of this Constitution exercised, jurisdiction in any part of the territory of India.
- ↑ Cl. (4) was ins. by the Constitution (Thirty-eighth Amendment) Act, 1975, s. 2 (with retrospective effect) and omitted by the Constitution (Forty-fourth Amendment) Act, 1978, s. 16 (w.e.f. 20-6-1979).
- ↑ Now “thirty-three”, vide the Supreme Court (Number of Judges) Amendment Act, 2019 (37 of 2019), s. 2 (w.e.f. 9-8-2019).
- ↑ Subs. by the Constitution (Ninety-ninth Amendment) Act, 2014, s. 2, for “after consultation with such of the Judges of the Supreme Court and of the High Courts in the States as the President may deem necessary for that purpose” (w.e.f. 13-4-2015). This amendment has been struck down by the Supreme Court vide its order dated the 16th October, 2015 in the Supreme Court Advocates-on-Record Association and Another Vs. Union of India reported in AIR 2016 SC 117.
- ↑ Proviso omitted by ibid. This amendment has been struck down by the Supreme Court order dated the 16th October, 2015 in the Supreme Court Advocates-on-Record Association Vs. Union of India reported in AIR 2016 SC 117.
- ↑ Subs. by the Constitution (Ninety-ninth Amendment) Act, 2014, s. 2, for the words “Provided further that” (w.e.f. 13-4-2015). This amendment has been struck down by the Supreme Court vide its order dated 16th October, 2015 in the Supreme Court Advocates-on-Record Association and Another Vs. Union of India reported in AIR 2016 SC 117.
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