Discuss the constitutional and statutory framework governing the strength of judges in the Supreme Court of India.

Q. Discuss the constitutional and statutory framework governing the strength of judges in the Supreme Court of India. (15 marks, 250 words)

The strength of the Supreme Court is not fixed by the Constitution alone; it is a flexible mandate that Article 124(1) deliberately leaves to Parliament, allowing the bench to grow with the demands of justice. The recent Cabinet clearance to raise strength from 33 to 37 judges [1] renews focus on this framework.

Constitutional framework - Article 124(1) establishes the Court with the CJI and "not more than seven other judges" until Parliament by law prescribes a larger number — the enabling hook for expansion. - Only a simple statutory amendment, not a constitutional amendment, is required to enlarge the bench. - Article 124(2) vests appointment in the President (via the Collegium, per the Second Judges Case, 1993); Article 145(3) fixes a minimum of five judges for Constitution Benches.

Statutory framework - The Supreme Court (Number of Judges) Act, 1956 originally sanctioned 10 puisne judges [2]. - Successive amendments raised strength — 1960, 1977, 1986, 2009 (30), and 2019 (33 w.e.f. 09.08.2019) [2]. - The 2026 Amendment Bill proposes 37 + CJI = 38, aimed at cutting a backlog exceeding 64,000 cases [3]. - Salaries flow from the separate Salaries Act, 1958.

Thus a lean constitutional core paired with an amendable statute gives the judiciary elasticity to respond to rising pendency. Sustained, such expansion — coupled with infrastructure and case-management reforms — can advance the constitutional promise of timely justice under Article 21.

(~250 words)

Sources: 1. Cabinet approves increase in Judge strength of the Supreme Court to 37 from 33 (PIB, 2026) — Cabinet approval of 33→37 expansion 2. The Supreme Court (Number of Judges) Act, 1956 (India Code) — original strength of 10 and successive amendments to 33 3. Pendency of cases in the Supreme Court (Lok Sabha Unstarred Question, Sansad) — SC pendency backlog