Lately, the Supreme Court Collegium put forth recommendations for the elevation of four judges to the Supreme Court. The recommended names included Chief Justice Aniruddha Bose of Jharkhand High Court and Chief Justice A.S. Bopanna of Gauhati High Court. Unfortunately, their recommendation met with disapproval from the government. Despite this, the Collegium remained steadfast in its decision, refusing to reconsider the nominations and resending the file to the government for final approval. Once these proposed appointments are sanctioned, the Supreme Court will enjoy its full strength of 31 judges.
Evolution of Supreme Court’s Strength
When India’s Constitution was adopted in 1950, the Supreme Court consisted of a Chief Justice along with seven puisne Judges. It was left up to the Parliament to increase this number as required. As the court’s workload grew over the years and the backlog of cases began to mount, there was a need to increase the number of Judges. This led to an increase in judges from 8 in 1950, to 11 in 1956, 14 in 1960, 18 in 1978, and ultimately 26 in 1986. By 2009, the total number of judges in the Supreme Court, including the Chief Justice of India, had grown to 31.
However, full strength is rarely achieved in the Supreme Court. This is primarily due to the following factors:
| Reasons | Effects |
|---|---|
| Difficulty in finding suitable candidates for judges. | This leads to a delay in appointment and unfilled vacancies. |
| Low mandatory retirement age for judges. | High Court Judges retire at 62, and Supreme Court judges at 65, causing short tenures and frequent vacancies. |
By comparison, the mandatory retirement age for Supreme Court judges in UK, Australia, and US are higher, standing at 75, 70, and no limit respectively.
Understanding the Collegium System
The Collegium System sets out the method for the appointment and elevation of judges and lawyers to the Supreme Court, as well as the transfer of High Court judges. This system is operated by a forum composed of the Chief Justice of India and the four most senior judges of the Supreme Court.
The inception of this system traces back to the “Three Judges Case, 1998”. The Central Government can ask the Collegium to reconsider its recommendations only once. If the Collegium resubmits the names to the government, the recommendations become binding on the Central Government.
