Centre takes ordinance route to increase judges in SC
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New Delhi: The government has promulgated an ordinance that raises the sanctioned strength of the Supreme Court from 34 judges to 38, including the Chief Justice of India. The law ministry issued the ordinance on Saturday, amending the Supreme Court (Number of Judges) Act, 1956 to reflect the increase.
Under the change, the bench will now comprise 37 judges in addition to the CJI. With two current vacancies and the ordinance effective immediately, the Supreme Court Collegium must now recommend six names for appointment. The government plans to introduce a bill in the Monsoon Session of Parliament to convert the ordinance into an act.
The Union Cabinet had cleared a draft bill on May 5 proposing the expansion. The government has not clarified any urgent need for taking the ordinance route before the parliament passes the proposed bill to give effect to the decision.
The court’s strength was last raised in 2019, when sanctioned posts were increased from 30 to 33 (excluding the CJI). Since the 1956 Act initially capped the number of judges (excluding the CJI) at 10, Parliament has progressively expanded the court’s strength through amendments in 1960, 1986 and 2009.
Appointments to the Supreme Court are governed by Article 124(3) of the Constitution. Candidates must be Indian citizens who have either served as a high court judge for at least five years, practised as an advocate for 10 years, or been recognised as distinguished jurists. Traditionally, increases in strength follow recommendations from the CJI to the Union law minister, after which the Department of Justice, in consultation with the finance ministry, moves a draft bill for Cabinet approval.
(Inputs from PTI)