Rajya Sabha passes bill to raise Supreme Court judge strength to 36

New Delhi: The Rajya Sabha on Thursday passed by voice vote a bill to increase the sanctioned strength of Supreme Court judges from 34 to 36, a move aimed at addressing the mounting pendency of cases in the apex court.

The Supreme Court (Number of Judges) Amendment Bill, 2024, amends the Supreme Court (Number of Judges) Act, 1956, which currently provides for a Chief Justice of India and not more than 33 other judges. The proposed change raises the upper limit to 35 other judges, making the total strength 36.

Union Law Minister Arjun Ram Meghwal moved the bill for passage, stating that the increase was necessary to tackle the growing number of pending matters and to enable the court to function more efficiently. He noted that the sanctioned strength had last been increased in 2019, when it went up from 31 to 34 judges.

The bill was passed after a brief discussion during which several members supported the need for more judges but also raised concerns about vacancies and the pace of appointments. Some members urged the government to expedite the process of filling existing vacancies even as the strength is enhanced.

The government has maintained that the increase is not a standalone measure but part of a broader effort to strengthen the judicial infrastructure. It has also pointed to the appointment of additional judges in high courts and the operationalisation of new courtrooms in the Supreme Court premises.

The number of judges in the Supreme Court is determined by Parliament under Article 124(1) of the Constitution. Therefore, a simple legislative amendment, rather than a constitutional amendment, is sufficient to alter the strength. The bill now moves to the Lok Sabha for approval. Once passed by both Houses and receiving the President's assent, the ceiling on the number of judges will be raised.

The Supreme Court currently has around 33 judges, including the Chief Justice, with several vacancies ongoing. The increase in sanctioned strength does not automatically require immediate appointments, but it provides the executive and judiciary the legal headroom to make new appointments as and when required.

Judicial experts have long called for an increase in the number of judges at the apex court to manage the rising inflow of cases. The average pendency in the Supreme Court exceeds 80,000 cases, and the judge-to-population ratio in India remains low compared to many developed nations. While the government has cited infrastructure upgrades, it has not specified a timeline for filling the new positions.

The bill's passage in the Rajya Sabha is a significant step in the legislative process, but its final enactment awaits the Lok Sabha's concurrence. Law Minister Meghwal indicated that the government is committed to strengthening the judiciary and ensuring timely justice for citizens.

Observers note that increasing the numerical strength alone may not resolve systemic delays unless accompanied by improvements in case management, use of technology, and expedited appointments. The government has said it is working on multiple fronts to address these issues.