President Approves Ordinance to Increase Supreme Court Judges from 33 to 37
President Draupadi Murmu has approved the Union Cabinet's decision to increase the strength of the Supreme Court from 33 to 37 judges, aiming to reduce pendency and improve judicial efficiency. This move comes in response to the growing number and complexity of cases before the apex court. The Supreme Court will now have a total of 38 judges, including the Chief Justice of India.
- •The President of India, Draupadi Murmu, has approved the Union Cabinet's decision to increase the strength of the Supreme Court from 34 to 38 judges.
- •This move is aimed at addressing the rising pendency and growing litigation before the apex court.
- •The decision has been widely welcomed by members of the legal fraternity, who believe it is a timely step to deal with the heavy volume of cases.
The President of India, Draupadi Murmu, has approved the Union Cabinet's decision to increase the strength of the Supreme Court from 34 to 38 judges. This move is aimed at addressing the rising pendency and growing litigation before the apex court. The decision has been widely welcomed by members of the legal fraternity, who believe it is a timely step to deal with the heavy volume of cases.
Key Provisions and Legal Framework
The Supreme Court (Number of Judges) Amendment Ordinance, 2026, has further amended the Supreme Court (Number of Judges) Act, 1956. This amendment will increase the number of judges of the Supreme Court of India by 4, from the present 33 to 37, excluding the Chief Justice of India. The Union Cabinet, chaired by Prime Minister Narendra Modi, approved the proposal for introducing The Supreme Court (Number of Judges) Amendment Bill, 2026 in Parliament to amend the Supreme Court (Number of Judges) Act, 1956.
- ▸The Supreme Court (Number of Judges) Act, 1956 regulates the number of judges in the Supreme Court.
- ▸The Constitution of India grants the President the power to appoint judges to the Supreme Court.
- ▸The Judges (Inquiry) Act, 1968 provides for the procedure for investigating complaints against judges.
- ▸The National Judicial Accountability Commission Act aims to regulate the judiciary and investigate complaints against judges.
Significance and Implications
The increase in the number of judges is expected to help in the speedy disposal of pending matters. However, some experts believe that simply increasing the number of judges may not bring major judicial reforms. They suggest that the government should consider setting up regional Courts of Appeal so that the Supreme Court can focus mainly on constitutional matters. The decision to increase the strength of the Supreme Court is a step in the right direction, but it must be accompanied by wider judicial reforms to effectively tackle delays and pendency in the justice delivery system.
Did You Know? The Supreme Court of India has a vast jurisdiction, including original, appellate, and advisory powers, as outlined in Article 131 of the Constitution.
Challenges and Way Forward
The increase in the number of judges will require matching infrastructure. The President of the Supreme Court Bar Association, Senior Advocate Vikas Singh, has highlighted the need for matching infrastructure and expressed hope that a part of the new Supreme Court building would become operational by the end of this year. The Court can comfortably accommodate 38 judges and may even require around 50 judges in the coming years once the entire new building becomes functional. The government must ensure that the increase in the number of judges is accompanied by necessary reforms to improve the efficiency of the justice delivery system.
Conclusion
The decision to increase the strength of the Supreme Court is a welcome move, but it must be accompanied by wider judicial reforms. The government must consider setting up regional Courts of Appeal and ensuring that the increase in the number of judges is matched with necessary infrastructure and reforms to improve the efficiency of the justice delivery system. This move is in line with the principles of access to justice and the Right to Fair Trial.
Concepts Mentioned
Right to Fair Trial
The Right to a Fair Trial is a fundamental principle of justice, ensuring that individuals receive an impartial and unbiased hearing in a court of law. This right is essential for upholding the rule of law and protecting citizens from arbitrary or unjust treatment. In the United States, the Sixth Amendment to the Constitution guarantees the right to a fair trial, including the right to an attorney and a public trial.
access to justice
Access to justice refers to the ability of individuals to seek and obtain legal remedies for grievances, ensuring fair treatment and protection under the law. It is a fundamental human right, essential for upholding social justice and promoting equality. In the United States, the landmark case of Gideon v. Wainwright (1963) established the right to counsel for indigent defendants, expanding access to justice for those in need.
Article 131
Article 131 of the Indian Constitution grants the President of India the power to declare war or an act of war in the name of the nation. This provision is significant as it allows the President to take decisive action in times of crisis, ensuring the country's sovereignty and security. It was invoked during the 1971 Indo-Pakistani War.
National Judicial Accountability Commission Act, 2006
The National Judicial Accountability Commission Act is a proposed law to oversee judges' conduct. It aims to ensure judicial accountability and transparency. The Act was introduced in 2006.
Judges (Inquiry) Act, 1968
The Judges Act is a law governing inquiries into judges' behavior. It is significant for ensuring judicial accountability. The Act allows for investigations into judges' misconduct.
Constitution of India
The Constitution of India is the supreme law governing the country. It matters for UPSC as it is a key component of the syllabus. Adopted in 1949, it outlines the framework of the Indian government.
Supreme Court (Number of Judges) Act, 1956
The Supreme Court Act of 1956 increased the number of judges to 11. It strengthened the judiciary, enhancing its capacity to handle cases. The Act set a significant judicial precedent.
Log in to like, comment, and join the discussion.