Increased Strength of Supreme Court Judges: Constitutional Provisions & Recent Increase

The Union Cabinet has approved increasing the sanctioned strength of the Supreme Court from 34 to 38 judges, including the Chief Justice of India.

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Changing Strength of Supreme Court Judges

• Constitutional Provision: Article 124 of the Indian Constitution establishes and defines the Supreme Court of India.
  • It stipulates the appointment of a Chief Justice and other judges by the President, sets their retirement age at 65, and outlines procedures for removal due to misbehavior or incapacity.
  • Article 124(1) provides that the Supreme Court shall consist of the Chief Justice of India and such number of judges as Parliament may prescribe by law.
• Parliament’s Power to Increase Strength: Parliament exercises the authority to increase the sanctioned strength of Supreme Court judges through amendments to the Supreme Court (Number of Judges) Act, 1956.
• Role of the Supreme Court Collegium: After Parliament increases the sanctioned strength, the Supreme Court Collegium recommends eligible judges to the Union Government for appointment to the Court.

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Evolution in Number of Judges Since Independence

• Original Strength in 1950: The Constitution originally envisaged a Supreme Court consisting of the Chief Justice of India and seven puisne judges.
• Expansion Through Legislative Amendments
• • 1956 Amendment: The Supreme Court (Number of Judges) Act, 1956 increased the strength from 8 to 11 judges.
  • 1960 Amendment: The sanctioned strength was further increased from 11 to 14 judges due to rising judicial workload.
  • 1977 Amendment: Parliament raised the number of judges from 14 to 18 to address growing pendency of cases.
  • 1986 Amendment: The strength of the Supreme Court increased from 18 to 26 judges to improve judicial efficiency.
  • 2008 Amendment: The number of judges was enhanced from 26 to 31 in response to expanding litigation and constitutional matters.
  • 2019 Amendment: The sanctioned strength increased from 31 to 34 judges, including the Chief Justice of India.
  • 2026 Proposed Amendment: The proposed amendment seeks to increase the total strength from 34 to 38 judges, including the Chief Justice of India.

Rationale Behind Increasing Number of Judges

• Reducing Case Pendency: The Supreme Court faces a massive backlog of over 92,000 pending cases, requiring additional judges to ensure faster disposal and timely justice delivery.
  • The rise in e-filing and post-pandemic litigation has significantly increased the inflow of cases before the Court.
• Improving Judicial Efficiency: A larger bench strength enables the Court to constitute more constitutional benches and regular benches simultaneously for efficient functioning.
  • Additional judges can help reduce delays in constitutional interpretation, civil disputes, criminal appeals, and public interest litigations.
• Addressing Rising Retirements and Vacancies: Frequent judicial retirements create vacancies that affect the Court’s functioning and increase pressure on existing judges.
  • The Supreme Court currently has vacancies and several judges are scheduled to retire during 2026.

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Conclusion

Increasing the Supreme Court’s judge strength is essential for reducing pendency, improving judicial efficiency, and strengthening citizens’ access to timely justice.

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