Strengthening the Apex Court: President Increases Supreme Court Judge Strength to 38

In a significant move to bolster the Indian judicial framework, the President of India has promulgated an ordinance to increase the sanctioned strength of the Supreme Court from 34 to 38 judges (including the Chief Justice of India). This decision comes in response to the staggering pendency of cases, which has recently crossed the 93,000 mark, threatening the efficiency of the country's highest judicial body. Under Article 124(1) of the Constitution, the power to determine the number of judges in the Supreme Court rests with the Parliament. However, the use of the ordinance route under Article 123 underscores the urgency felt by the executive to address judicial delays. Historically, the strength of the Supreme Court has been increased periodically to match the rising litigation—from 8 judges in 1950 to 31 in 2009, and most recently to 34 in 2019.