Under the Constitution of India, which authority has the power to increase the number of judges in the Supreme Court by law?

Difficulty: Easy

Correct Answer: Parliament of India

Explanation:


Introduction / Context:
The Supreme Court of India has a sanctioned strength that may change over time as the workload of the Court increases and as Parliament decides to expand or adjust the bench. Knowing which authority can legally increase the number of judges is a core part of understanding how the higher judiciary is structured under the Constitution. This question focuses on the relationship between the Constitution, Parliament, and the executive in determining the size of the Supreme Court.


Given Data / Assumptions:

  • The subject is the Supreme Court of India.
  • The question asks who holds the power to increase the number of its judges.
  • Options include the Prime Minister, the President, Parliament, and the Ministry of Law and Justice.
  • We assume the constitutional framework provided mainly by Article 124 and the Supreme Court specific legislation.


Concept / Approach:
Article 124 of the Constitution of India lays down the basic framework for the Supreme Court. It provides for a Chief Justice of India and such number of other judges as Parliament may by law prescribe. The key phrase here is that Parliament may by law increase or decrease the number of judges. The President formally appoints judges, but the number of posts that may exist is fixed through legislation passed by Parliament, such as the Supreme Court Number of Judges Act and its amendments. Neither the Prime Minister nor the Ministry of Law and Justice can change the sanctioned strength on their own without such a law.


Step-by-Step Solution:
Step 1: Identify the relevant constitutional provision, which is Article 124.Step 2: Note the wording that the Supreme Court shall consist of a Chief Justice and such number of other judges as Parliament may by law prescribe.Step 3: Understand that this means Parliament must pass or amend a statute to change the number of judges.Step 4: Recognise that the President only appoints judges to positions that already exist by law, and does not decide how many positions there will be.Step 5: Compare the options and select Parliament of India as the authority with the legal power to increase the number of judges.


Verification / Alternative check:
To verify, you can look at examples where the number of judges was increased in the past. Each such increase was carried out through an amendment to the Supreme Court Number of Judges Act passed by Parliament. Only after Parliament had changed the law could the executive branch fill the additional posts. News reports about such changes clearly mention Parliament amending the law as the legal basis, which confirms that Parliament is the correct answer rather than the executive authorities mentioned in the other options.


Why Other Options Are Wrong:

  • Prime Minister of India: The Prime Minister may play a political or advisory role, but does not have independent constitutional authority to alter the sanctioned strength of the Supreme Court.
  • President of India: The President appoints judges but does so within the limit fixed by law. The President cannot, by personal order, create new judgeships.
  • Ministry of Law and Justice: This ministry may draft bills and advise the government, but it cannot itself change the law. Only Parliament can pass the required amendment.


Common Pitfalls:
Candidates often confuse the appointing authority with the authority that decides how many posts exist. Because the President appoints judges and the Law Ministry is closely associated with judicial matters, it is easy to think they control the number of judges. However, these appointments can only be made to posts that have been created by law passed in Parliament. A useful way to remember this is that structural changes usually come from Parliament, while individual appointments are carried out by the President acting on advice.



Final Answer:
The power to increase the number of judges in the Supreme Court of India lies with the Parliament of India, which can do so by passing an appropriate law.

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