Who Can Increase the Number of Judges in Supreme Court?

The number of judges in the Supreme Court of India, including the Chief Justice, can be increased or decreased by an act of Parliament. 

This authority is vested in the legislative body of the country, and the process for changing the number of judges in the Supreme Court is defined by the Constitution of India and relevant legislation.

Constitutional Provisions

The Constitution of India, under Article 124, establishes the Supreme Court, including provisions related to the appointment of judges and their jurisdiction. However, the Constitution does not specify a fixed number of judges for the Supreme Court. Article 124(1) simply states:

“There shall be a Supreme Court of India consisting of a Chief Justice of India and such other judges as Parliament may from time to time prescribe.”

Thus, while the Constitution provides for a Chief Justice and judges, it leaves the specific number to be determined by Parliament.

Role of Parliament

The power to increase or decrease the number of judges in the Supreme Court rests with the Indian Parliament. This can be done by passing a law or an Act. Over the years, Parliament has used this power to adjust the strength of the Supreme Court bench according to the demands of judicial workload and to ensure that the judiciary can function effectively.

Historical Changes

• Initially, the Supreme Court had only 8 judges, with the Chief Justice of India.

• In 1956, the Parliament passed the Supreme Court (Number of Judges) Act, which increased the number of judges to 14.

• Later, in 1960, the number was further increased to 16.

• The current strength of the Supreme Court of India, which includes the Chief Justice, is 34 judges, as per the Supreme Court (Number of Judges) Act, 2019.

The Process for Increasing Judges

When there is a need to increase the number of judges to manage an increasing caseload or ensure that justice is delivered efficiently, the following process is generally followed:

1. Proposal by the Government: The Union Government, after consultations with the Chief Justice of India and other senior judicial officers, may decide to propose the increase in the number of judges.

2. Cabinet Approval: The proposal is then submitted to the Union Cabinet, which must approve the decision.

3. Introduction in Parliament: The proposal is presented in Parliament as a bill. This bill can be introduced either in the Lok Sabha (the Lower House) or Rajya Sabha (the Upper House).

4. Legislative Approval: Once the bill is introduced, it goes through several readings, discussions, and debates in both Houses of Parliament. The bill needs to be passed by a majority vote in both Houses.

5. Presidential Assent: After Parliament passes the bill, it is sent to the President of India for assent. Once the President signs the bill, it becomes an Act, and the number of judges is officially increased.

Judicial Recommendations and Concerns

While Parliament has the authority to determine the number of judges, this power is often exercised based on the recommendations of the judiciary. 

The Chief Justice of India and other senior judges regularly express concerns about the growing backlog of cases in courts, including the Supreme Court, which sometimes leads to calls for increasing the number of judges.

At times, the judiciary has raised concerns about the delay in judicial appointments, which affects the efficiency of the court. 

In response to these concerns, the government and Parliament may decide to address the issue by increasing the number of judges in the Supreme Court.

 In summary, while the Constitution provides for the creation of the Supreme Court and its judges, the power to increase or decrease the number of judges in the Supreme Court lies solely with the Indian Parliament. 

This is typically done through the enactment of laws, such as the Supreme Court (Number of Judges) Act, which has been amended several times to adapt to the changing needs of the judiciary.