The government has issued an ordinance amending the Supreme Court (Number of Judges) Act, 1956, raising the sanctioned strength of the apex court from 34 to 38, including the Chief Justice of India. This move adds four new judges to the Supreme Court.
The government has issued an ordinance to increase the strength of the Supreme Court from the current 34 judges to 38, which will include the Chief Justice of India (CJI).
The Law Ministry notified the ordinance on Saturday. It amended the Supreme Court (Number of Judges) Act, 1956, raising the sanctioned strength of the apex court.
Until now, the sanctioned strength stood at 34, including the Chief Justice of India (CJI). With this amendment, the number of judges has been increased by four, taking the sanctioned strength to 38.
As a result, the Supreme Court will now have 37 judges apart from the Chief Justice of India. Since there are currently two vacancies, and the ordinance will come into force immediately, the Supreme Court Collegium will need to recommend six names for appointment to the top court.
A bill will be tabled in the Monsoon Session of Parliament to replace the ordinance an executive measure with a law enacted by Parliament.
The Union Cabinet had already approved a draft bill on May 5 to increase the number of Supreme Court judges.
The Supreme Court’s strength was last increased in 2019, when it went from 30 to 33 (excluding the CJI).
Originally, when the Supreme Court (Number of Judges) Act was enacted in 1956, it set the maximum number of judges (excluding the CJI) at 10.
This figure was later raised to 13 through the Supreme Court (Number of Judges), Amendment Act, 1960, and subsequently increased again through another amendment.
Later, the Supreme Court (Number of Judges) Amendment Act, 1986, increased the strength from 17 to 25 (excluding the CJI). Another amendment in 2009 further raised it from 25 to 30.
Article 124(3) of the Constitution specifies the qualifications required to be appointed as a Supreme Court judge.
An Indian citizen who has served as a high court judge for at least five years, or as an advocate for 10 years, or is a distinguished jurist, can be appointed to the top court.
The strength of the Supreme Court is increased based on the recommendations of the CJI, who writes to the Union law minister. After consulting the finance ministry, the Department of Justice under the law ministry moves the Cabinet with a draft bill.
