Supreme Court likely to get five new judges, working strength will go up to 32

Union law minister Kiren Rijiju said as of January 31, 2023, as against the sanctioned strength of 34 judges, 27 were working in the Supreme Court and there were seven vacancies.

New Delhi, Feb 3: The government is likely to clear the names of three high court chief justices and two HC judges recommended for elevation to the Supreme Court.

On December 13 last year, the Supreme Court Collegium- a three-judge Supreme Court committee - recommended to the government to appoint Justice Pankaj Mithal, Chief Justice, Rajasthan High Court; Justice Sanjay Karol, Chief Justice, Patna High Court; Justice P V Sanjay Kumar, Chief Justice, Manipur High Court; Justice Ahsanuddin Amanullah of Patna High Court; and Justice Manoj Misra of Allahabad High Court as apex court judges.

According to news agency PTI, the government is likely to clear their appointments.

Once the five take oath as judges of the top court, its working strength will go up to 32. Currently, it is 27. The sanctioned strength of the apex court is 34, including the Chief Justice of India.

On January 31, the Supreme Court collegium recommended two more names for elevation as top court judges -- Justice Rajesh Bindal, Chief Justice, Allahabad High Court and Justice Aravind Kumar, Chief Justice, High Court of Gujarat.

While recommending their names, the SC Collegium had said the names recommended by it on 13 December 2022 "shall have precedence over the two names recommended presently for appointment to the Supreme Court". "Therefore, the appointments of five judges recommended on 13 December 2022 should be notified separately and earlier in point of time before the two judges recommended by this resolution," it had told the Law Ministry.

The Supreme Court of India is the highest judicial forum and final court of appeal under the Constitution of India. It is composed of a Chief Justice and a maximum of 34 judges (https://doj.gov.in/supreme-court-3/), appointed by the President of India. The strength of the Supreme Court judges has been increased from time to time since its inception in 1950.

Initially, the Constitution of India provided for a maximum of 8 judges, including the Chief Justice. In 1956, the Parliament increased the strength to 10 and in 1977, it was further increased to 13. After that, the strength was increased to 17 in 1986, to 25 in 2008, and finally to its present strength of 34 in 2019.

The increase in the number of judges has been done to keep pace with the increasing workload and backlog of cases in the Supreme Court. The Supreme Court hears a wide range of cases, including constitutional, civil, and criminal matters, and is considered the final interpreter of the Constitution.

In conclusion, the strength of the Supreme Court judges has been increased from time to time to ensure the efficient functioning of the highest judicial forum in the country and to dispose of the increasing backlog of cases. The appointment of judges is done in accordance with the provisions of the Constitution and is based on consultation with the Chief Justice and other judges of the Supreme Court and High Courts.