The Union Cabinet approved increasing the number of Supreme Court judges from 34 to 38 on Tuesday.
Ashwini Vaishnaw announced that a bill to amend the Supreme Court (Number of Judges) Act, 1956 will be introduced in the next Parliament session.
The decision aims to address the backlog of 92,385 cases in the Supreme Court, which is expected to increase.
The last amendment to the 1956 Act was in 2019, increasing the sanctioned strength from 31 to 33 judges (excluding the CJI).
Detailed Insights:
The increase in judges is intended to alleviate the pressure caused by the rising number of pending cases, exacerbated by the increased use of e-filing after the pandemic.
Article 124(1) of the Constitution grants Parliament the exclusive power to increase the number of Supreme Court judges.
Following the amendment, the Supreme Court Collegium will recommend names to the government for appointment as judges.
There are currently two judicial vacancies due to the retirement of Justice B.R. Gavai in November 2025 and Justice Rajesh Bindal in April 2026.
Three more judges, Justices J.K. Maheshwari, Pankaj Mithal, and Sanjay Karol, are scheduled to retire in June and August 2026, respectively.
Key Concepts Involved:
Supreme Court Collegium: A body of senior judges that recommends appointments and transfers of judges in the higher judiciary.
Article 124(1): Constitutional provision granting Parliament the authority to determine the number of Supreme Court judges.
E-filing: The electronic filing of court documents, which has increased case inflow.