MPPSC 2026 Prelims Paper-I · Question 12 of 100

Correct — D, Article 124(2). This is the provision that fixes the terms on which a Supreme Court judge holds office: every judge is appointed by the President by warrant under his hand and seal after consultation with such judges of the Supreme Court and the High Courts as the President considers necessary, and holds office until he attains the age of 65 years. Its provisos add the only two ways the office can end early — resignation by writing addressed to the President, and removal in the manner laid down in Article 124(4). Of the four options, 124(2) is the only one that is both a real constitutional clause and one that deals with Supreme Court judges at all.

• (a)129(3) — There is no clause (3) in Article 129. Article 129 is a single, unnumbered provision declaring the Supreme Court a court of record with the power to punish for contempt of itself — it says nothing about a judge's appointment or tenure.
• (b)127(4) — Article 127 deals with the appointment of ad hoc judges — a High Court judge requested to sit in the Supreme Court when there is no quorum. It has only two clauses, so there is no Article 127(4).
• (c)122(1) — Article 122(1) bars courts from questioning the validity of any proceedings in Parliament on the ground of an alleged irregularity of procedure. It belongs to the chapter on Parliament and has nothing to do with the judiciary's service conditions.

The independence of the Supreme Court rests on a cluster of articles in Part V, Chapter IV. Article 124 constitutes the Court and settles its judges' appointment, qualifications, oath, tenure (till 65), resignation and removal. Article 125 provides for their salaries, allowances and pension, which are charged on the Consolidated Fund of India and cannot be varied to a judge's disadvantage after appointment. Article 127 allows ad hoc judges, Article 128 allows retired judges to sit again, and Article 121 bars discussion in Parliament on a judge's conduct except on a motion for removal.

Article-number questions are solved by elimination as much as by recall. Two of the options here cite clauses that do not exist — Article 129 has no clause (3) and Article 127 has no clause (4) — and a third, 122(1), belongs to a different chapter altogether, leaving 124(2) as the only survivor. Keep the finer distinction in mind for statement-based questions: pay and allowances specifically flow from Article 125 read with the Second Schedule, while 124(2) governs appointment and tenure — the core condition on which a judge holds office.

• Article 124(2): a Supreme Court judge is appointed by the President by warrant under his hand and seal and holds office until the age of 65 years.
• Provisos to Article 124(2): a judge may resign by writing addressed to the President, or be removed in the manner provided in Article 124(4).
• Article 124(4): removal by presidential order after an address by each House passed by a majority of the total membership and by not less than two-thirds of the members present and voting, on the ground of proved misbehaviour or incapacity.
• Article 125: salaries, allowances and pension of Supreme Court judges — charged on the Consolidated Fund of India and not variable to their disadvantage after appointment.
• Retirement age: 65 years for a Supreme Court judge; 62 years for a High Court judge (Article 217(1)).

• Mixing up Article 124 (appointment and tenure of SC judges), Article 125 (salaries) and Article 217 (High Court judges).
• Falling for plausible-looking clause numbers that do not exist — Article 129 has no clause (3), Article 127 has no clause (4).
• Assuming the retirement age is common to both courts — it is 65 for the Supreme Court and 62 for a High Court.

Straight article-number recall, usually phrased as 'which Article deals with X'. Learn the judiciary block as a chain — 124 appointment and tenure, 124(4) removal, 125 salary, 127 ad hoc judges, 128 retired judges, 129 court of record — so that fabricated clause numbers stand out immediately.

• practice — not a real PYQ

  A Judge of the Supreme Court of India holds office until he attains the age of:

  • (a)60 years
  • (b)62 years
  • (c)65 years
  • (d)70 years

  Answer(c) 65 years — laid down in Article 124(2).

• practice — not a real PYQ

  Under which Article is the Supreme Court of India declared a 'court of record' with the power to punish for contempt of itself?

  • (a)Article 124
  • (b)Article 129
  • (c)Article 131
  • (d)Article 143

  Answer(b) Article 129 — a single provision with no sub-clauses.