Will increasing the strength of the SC solve the pendency problem?, Pg9

Key Highlights:

• The President of India promulgated an ordinance on May 17, increasing the Supreme Court's sanctioned strength from 34 to 38 judges.
• The Union Cabinet approved the Supreme Court (Number of Judges) Amendment Bill, 2026, to facilitate “speedy justice”.
• The Supreme Court Collegium recommended the elevation of four High Court Chief Justices and senior advocate V. Mohana as judges of the top court on May 27.
• Pendency before the Supreme Court currently stands at 93,966 cases, according to the National Judicial Data Grid.

Detailed Insights:

• The use of an ordinance to increase the Supreme Court's strength has been questioned, as Parliament was scheduled to convene shortly, and previous similar bills have passed with minimal debate.
• The Supreme Court's willingness to entertain a large number of Special Leave Petitions (SLPs) contributes to the pendency, as the court has been reluctant to formulate clear guidelines governing the exercise of this jurisdiction.
• While the Supreme Court was designed to function as the country’s final court of appeal, its appellate jurisdiction has increasingly overshadowed its role in deciding constitutional questions.
• Increasing the Supreme Court’s sanctioned strength may lead to more conflicting rulings by coordinate benches and greater doctrinal inconsistency.
• The government's litigation strategy often appears to be driven by a highly result-oriented, case-to-case approach rather than any coherent policy, with courts questioning why the government continues to pursue virtually every dispute up to the Supreme Court.
• The pendency crisis cannot truly be addressed unless the Supreme Court develops a more robust mechanism to filter out frivolous litigation, particularly in the context of Public Interest Litigations (PIL).
• The additional positions ought ideally to be filled by women, and there must also be greater transparency in the appointments process.

Key Concepts Involved:

• Ordinance: A law promulgated by the President of India when Parliament is not in session (Article 123)
• Special Leave Petition (SLP): A petition filed in the Supreme Court seeking special permission to appeal against a judgment of any court or tribunal in India.
• Public Interest Litigation (PIL): A lawsuit filed in the public interest, seeking judicial intervention for the protection of public rights.