Previous Year Question

The power to increase the number of judges in the Supreme Court of India is vested in Parliament.

Under the original provision of Article 124(1), the Supreme Court was to consist of:

• One Chief Justice of India; and

• Until Parliament prescribed a larger number by law, not more than seven other judges.

Thus, the Constitution prescribed the initial composition but empowered Parliament to increase the number of judges according to requirements.

Law enacted by Parliament

Parliament enacted the Supreme Court (Number of Judges) Act, 1956. The sanctioned strength has been increased through amendments to this Act from time to time.

The 2019 amendment increased the maximum number of judges other than the Chief Justice from 30 to 33. The total sanctioned judicial strength of the Supreme Court is therefore:

• Chief Justice of India: 1

• Other judges: Maximum 33

• Total sanctioned strength: 34

This figure represents the maximum strength authorised by law, not the number of vacancies existing at any particular time.

Why are the other options incorrect?

• Option (a)—President: The President appoints Supreme Court judges under Article 124 but cannot independently increase the sanctioned strength. A law enacted by Parliament is required.

• Option (c)—Chief Justice of India: The Chief Justice plays a central role in court administration, constitution of Benches and allocation of cases, but cannot increase the statutory number of judges.

• Option (d)—Law Commission: The Law Commission may recommend judicial reforms or an increase in judicial strength, but its recommendations are not binding and it cannot itself increase the number.

Why may the number of judges be increased?

Parliament may increase the strength after considering:

• Growth in the pendency of cases;

• Increase in fresh filings;

• Requirements of Constitution Benches and regular Benches;

• The need to ensure timely access to justice; and

• Better distribution of the Court’s workload.

Therefore, the final legislative power to increase the number of Supreme Court judges belongs to Parliament.