UPSC Prelims 2014 Q75: Indian Polity – Judiciary
The power to increase the number of judges in the Supreme Court of India is vested in
- (a) the President of India
- (b) the Parliament
- (c) the Chief Justice of India
- (d) the Law Commission
Answer: (b) the Parliament
Explanation
Power to increase the number of Supreme Court judges
Article 124(1) fixes the Supreme Court as the Chief Justice of India and seven other judges, 'until Parliament by law prescribes a larger number'.
So the power rests with Parliament.
| Year | Strength (including the Chief Justice) |
|---|---|
| 1950 | 8 |
| 1956 | 11 |
| 1960 | 14 |
| 1977 | 18 |
| 1986 | 26 |
| 2008 | 31 |
| 2019 | 34 |
The law used is the Supreme Court (Number of Judges) Act, 1956, amended from time to time.
Why not the others:
| Option | Role |
|---|---|
| President | Appoints judges, but cannot change their number |
| Chief Justice of India | Heads the collegium that recommends names |
| Law Commission | Only advises on legal reform |
Answer: (b) the Parliament.
Why each option is right or wrong
- (a) Incorrect. The President appoints judges but cannot raise their number.
- (b) CORRECT. Parliament can increase the number of judges by law (Article 124).
- (c) Incorrect. The Chief Justice of India recommends names; he cannot change the strength.
- (d) Incorrect. The Law Commission is only an advisory body.
Key point
Article 124(1): Parliament fixes the number of Supreme Court judges by law; raised from 8 (1950) to 34 (2019), including the Chief Justice.
Remember
Number of Supreme Court judges = Parliament's law.
Common mistakes
- Giving the power to the President, who only appoints.
- Thinking a constitutional amendment is needed; an ordinary law is enough.
- Forgetting the present strength: 34.
Exam tip
President appoints; Parliament decides how many.
Sources
- Constitution of India — Article 124
- Supreme Court (Number of Judges) Act, 1956, as amended in 2019