Centre introduces Bill to raise strength of judges in Supreme Court to 38

The introduction of the Supreme Court (Number of Judges) Amendment Bill, 2024, marks a significant legislative development in India's judicial architecture. This Bill, which seeks to increase the sanctioned strength of Supreme Court judges from 34 to 38 including the Chief Justice of India (CJI), replaces an ordinance promulgated by the President on May 24, 2024, under Article 123 of the Constitution. The ordinance route was necessitated by the urgency to address the mounting case backlog while Parliament was not in session, but as per constitutional mandate, it required parliamentary ratification within six weeks of reassembly. Historically, the strength of the Supreme Court has been periodically enhanced to keep pace with the growing litigation burden. The original Constitution of 1950 provided for a Chief Justice and 7 other judges (Article 124(1)). This was increased to 11 in 1956, 14 in 1960, 18 in 1978, 26 in 1986, 31 in 2009, and most recently to 34 (including CJI) in 2019 through the Supreme Court (Number of Judges) Amendment Act, 2019. The current proposal continues this trajectory, reflecting the exponential growth in case filings — from about 50,000 cases annually in the early 2000s to over 1,00,000 in recent years. The key stakeholders include the Union Ministry of Law and Justice, which pilots the legislation; the Supreme Court Collegium headed by the CJI, responsible for recommending appointments; the President of India, who formally appoints judges under Article 124(2); and Parliament, which holds the legislative power to determine judicial strength. The Law Commission of India, in its 245th Report (2014), had recommended increasing judicial strength based on a "rate of disposal" formula, highlighting that India's judge-to-population ratio (approximately 21 judges per million) remains far below the Law Commission's recommended 50 per million and the global average. The significance of this expansion is multifold. Judicially, it aims to reduce the staggering pendency of over 80,000 cases in the Supreme Court as of 2024, enabling more benches to function simultaneously and accelerating disposal rates. Constitutionally, it reinforces Article 124(1), which explicitly empowers Parliament to determine the number of judges by law, underscoring legislative supremacy in structural judicial matters. From a governance perspective, a more efficient apex court strengthens the rule of law, enhances investor confidence, and upholds citizens' fundamental rights under Article 32. Economically, faster resolution of commercial and tax disputes improves the ease of doing business and reduces litigation costs. Broader themes emerge around judicial reforms — the need for All India Judicial Services, court infrastructure upgrades, technology integration (e-Courts Project Phase III), and tribunalization to divert specialized matters. The Bill also reignites debate on the "basic structure" doctrine (Kesavananda Bharati, 1973), as frequent strength alterations could be seen as executive influence over judicial independence, though Article 124(1) expressly permits it. Future implications include the operational challenge of appointing four additional judges through the Collegium system, which already faces criticism for opacity and delays. The Memorandum of Procedure (MoP) for appointments, finalized in 2017 but still contested, will govern this process. Additionally, the increased strength will require proportionate budgetary allocation for salaries, staff, and infrastructure under the Supreme Court's administrative expenses charged on the Consolidated Fund of India (Article 112). Aspirants should monitor whether this legislative move is complemented by systemic reforms in case management, judicial accountability, and lower judiciary strengthening — because merely increasing numbers without structural efficiency may yield diminishing returns.