The Central Government has recently approved the elevation of four judges to the Supreme Court. With this decision, the Court will now operate at its maximum sanctioned strength of 31 judges. This includes the Chief Justice in addition to the other judges of the Supreme Court. The four judges newly appointed by the government are Justices Aniruddha Bose, A.S. Bopanna, B.R. Gavai and Surya Kant.
Constitutional Provision for Appointment of Supreme Court Judges
The power to appoint Supreme Court judges lies with the President as per Article 124 of the constitution. According to this article, there shall be a Supreme Court of India that comprises of a Chief Justice and no more than seven other judges until the Parliament enacts a law prescribing a larger number. Every judge of the Supreme Court is appointed by the President following consultation with Judges of the Supreme Court and the High Courts in the States as he deems necessary. The judges hold office until they reach the age of sixty-five years.
Increasing the Strength of SC Judges
The number of Supreme Court judges can be increased through an act of Parliament. This expansion took place last time in the year 2009 when the number of judges increased from 25 to 31, including the Chief Justice.
| Fact | Detail |
|---|---|
| Maximum strength of SC | 31 |
| Last increase in strength | 2009 |
| Current appointment | Justices Aniruddha Bose, A.S. Bopanna, B.R. Gavai and Surya Kant |
Understanding the Collegium System in India
The collegium system is a unique method of appointing and transferring judges in India. It has evolved through judgments of the Supreme Court rather than being established by an Act of Parliament or a provision of the Constitution. The system suggests that judges are appointed by judges themselves, ensuring judicial independence.
The Supreme Court Collegium is headed by the Chief Justice of India and includes four other senior-most judges of the court. Similarly, a High Court Collegium is led by its Chief Justice and four other senior-most judges of that court.
The names recommended for appointment by a High Court collegium undergo approval by the Chief Justice of India and the Supreme Court collegium before reaching the government – ensuring a series of checks and balances on judicial appointments.
