Parliament Clears Bill to Raise Supreme Court Judges' Strength to 38

The Rajya Sabha on Wednesday approved a bill to increase the number of Supreme Court judges from 34 to 38, paving the way for a larger bench to tackle the backlog of cases. The bill was passed by a voice vote and subsequently returned to the Lok Sabha, as it is classified as a Money Bill.

The legislation seeks to replace an ordinance issued earlier that had already increased the judge strength. Under the Constitution, a Money Bill can be introduced only in the Lok Sabha, and the Rajya Sabha is required to return it within 14 days with or without recommendations. The Lok Sabha may accept or reject these recommendations. In this case, the Upper House cleared the bill and sent it back for the Lower House's final consideration.

During a brief discussion in the Rajya Sabha, Minister of State for Law and Justice Arjun Ram Meghwal defended the move as part of broader judicial reforms. He said the increase in judges would improve judicial efficiency and help reduce the pendency of cases. "We will adopt an alternative dispute resolution (ADR) mechanism using arbitration, mediation and conciliation to help reduce the pendency in cases," Meghwal added. He reiterated that the central government is committed to working in coordination with the judiciary in this regard.

The Supreme Court currently has a sanctioned strength of 34 judges, including the Chief Justice of India. The new legislation would raise this to 38, a move long recommended by legal experts and parliamentary committees to address the mounting case load. According to data from the National Judicial Data Grid, more than 80,000 cases are pending in the Supreme Court, and the judge-to-population ratio in India remains far below global standards.

The increase in judicial strength has been a recurring demand from the judiciary itself. In 2019, the Supreme Court had urged the government to expedite appointments, noting that vacancies hamper the speedy disposal of cases. The government has often cited the collegium system's delays as a challenge, but the present bill focuses solely on expanding the sanctioned strength, not on the appointment process.

Once the Lok Sabha formally passes the bill and it receives presidential assent, the law will come into effect. The government had initially brought an ordinance in September 2024 to raise the strength, but as per constitutional norms, an ordinance must be replaced by an Act of Parliament within six months of its issuance. This bill fulfils that requirement.

Legal experts observe that simply increasing the number of judges may not be sufficient to clear the backlog. They advocate for infrastructure improvements, better case management, and wider use of ADR mechanisms. The Law Minister's statement aligns with this view, suggesting that the government is looking at multiple approaches to ease the burden on the judiciary.

The bill's passage in the Rajya Sabha comes amid ongoing discussions about judicial reforms. While some opposition members have raised concerns about the government's role in judicial appointments, the debate on this occasion remained brief and non-contentious, reflecting a broad consensus on the need to strengthen the top court's capacity.

With the increase in strength, the Supreme Court will be able to form more benches and potentially hear more cases daily. This is expected to benefit litigants who often wait years for a hearing. The exact timeline for the implementation of the new strength will depend on the due process of appointments, which involves the collegium's recommendations and the government's approval.