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Increasing the Strength of SC Judges

  • 02 Aug 2019
  • 2 min read

The Union Cabinet of India has approved increasing the strength of judges in the Supreme court.

  • The Cabinet has taken a decision to increase the strength (an increase of 10%) from 31 to 34 judges including the Chief Justice of India (CJI).
  • The Supreme Court (Number of Judges) Act, 1956 was last amended in 2009 to increase the judge's strength from 25 to 31 (including the CJI).
  • As per the Article 124(1) of the Constitution of India, the strength of the Supreme Court is fixed by the law made by the Parliament.

Need

  • Rising Pendency:
    • Between 2006 and 2018 (up to April), there has been an 8.6% rise in the pendency of cases across all courts.
    • Pendency before Supreme Court increased by 36%, High Courts by 17%, and subordinate courts by 7%.
  • Low Disposal Rate: The disposal rate has stayed between 55% to 59% in the Supreme Court, at 28% in the High Courts, and at 40% in the subordinate courts.

Constitutional Provisions

  • Article 124(1) states that there shall be a Supreme Court of India consisting of a Chief Justice of India and, until Parliament by law prescribes a large number, of not more than seven other judges.
  • Article 124(2) states that every judge of the Supreme Court shall be appointed by the President by warrant under his hand and seal after consultation with such number of the judges of Supreme Court and of the High Courts (in states).
  • The Parliament is competent to increase the number of judges if it deems necessary.

Source: TH

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