The Union Cabinet of India has recently given its approval to boost the strength of judges in the Supreme Court. The decision, which represents a 10% increase, will raise the current total from 31 to 34 judges, inclusive of the Chief Justice of India (CJI). The Parliament, guided by Article 124(1) of the Indian Constitution, has the authority to determine the number of judges in the Supreme Court.
Historical Overview: Amendments to the Supreme Court (Number of Judges) Act
The Supreme Court (Number of Judges) Act, initially enacted in 1956, underwent its last amendment in 2009 when the judge’s strength was increased from 25 to 31, including the CJI. This move was guided by Article 124(1) of the Indian Constitution, which grants the Parliament the power to set the Supreme Court’s strength via legislation.
The Climbing Pendency: A Decade of Rising Case Backlogs
Between the years 2006 and 2018 (up to April), there has been an observable rise of 8.6% in the pendency of cases across all courts. When broken down, the Supreme Court experienced an increase of 36%, while the High Courts saw their pendency rate go up by 17%. This growth rate was lowest in subordinate courts, where it stood at 7%.
Disposal Rates: A Persistent Struggle with Case Clearance
In terms of disposing of these pending cases, recent statistics paint a less than ideal picture. The disposal rate stayed between 55% and 59% in the Supreme Court, indicating a backlog of cases still awaiting final judgement. High Courts underperformed with a disposal rate of only 28%, whereas subordinate courts maintained a disposal rate of 40%.
| Court | Pendency Increase | Disposal Rate |
|---|---|---|
| Supreme Court | 36% | 55% – 59% |
| High Courts | 17% | 28% |
| Subordinate Courts | 7% | 40% |
Constitutional Provisions for the Appointment of Supreme Court Judges
Article 124(1) of the Indian Constitution stipulates that the Supreme Court shall comprise a Chief Justice of India. Moreover, until the Parliament prescribes a larger number through new legislation, no more than seven other judges can join the Supreme Court’s bench. Article 124(2) goes on to outline that each judge of the Supreme Court must be appointed by the President via a warrant under his hand and seal. This process will involve consultation with a certain number of judges belonging to the Supreme Court and High Courts in the states.
Through these provisions, the Constitution empowers the Parliament to increase the number of Supreme Court judges if such a step is deemed necessary. With the present decision, this constitutional provision is once again brought into focus as India pushes forward to improve its judicial efficiency.
