The Union Cabinet on Tuesday approved a proposal to increase the strength of the Supreme Court from the current 34 judges to 38, including the Chief Justice of India.
Union Minister Ashwini Vaishnaw said that a bill will be introduced in the next session of Parliament to increase the strength of the Supreme Court by four judges.
The approved strength of the Supreme Court is 34 judges, including the CJI. There are currently two vacancies on the Supreme Court.
Once the bill is approved by Parliament and passed, the sanctioned number of Supreme Court judges will be 38.
The strength of the Supreme Court was last increased from 30 to 33 (excluding the Chief Justice of India) in 2019.
The Supreme Court (Number of Judges) Act, 1956, as originally enacted, fixed the maximum number of judges (excluding the Chief Justice of India) at 10.
This number was increased to 13 by the Supreme Court (Number of Judges) Amendment Act of 1960, and to 17 by another amendment to the Act.
The Supreme Court (Number of Judges) Amendment Act, 1986 increased the number of Supreme Court judges from 17 to 25, excluding the CJI. Subsequently, a fresh amendment in 2009 further increased the number of supreme judges from 25 to 30.
The strength of the Supreme Court was increased to 33 (excluding the Chief Justice of India) by a further amendment to the original Act in 2019.
Article 124, paragraph 3 of the Constitution establishes the prerequisites for becoming a judge of the Supreme Court.
An Indian citizen who has either served as a High Court judge for at least five years or as an advocate for 10 years, or is a recognized lawyer, can be appointed to the Supreme Court.
The power of the Supreme Court is increased on the recommendation of the CJI, who writes to the Union Law Minister. After consultation with the Ministry of Finance, the Ministry of Justice in the Ministry of Law submits a draft law to the Cabinet.
