Increasing Supreme Court strength: A solution to pendency or a source of inconsistency?
The article debates whether increasing the Supreme Court's sanctioned strength from 34 to 38 judges will resolve its pendency crisis. Prashant Reddy T. and Swapnil Tripathi discuss the implications, with Reddy questioning the ordinance route for the increase and Tripathi highlighting how the large number of Special Leave Petitions (SLPs) contributes significantly to the backlog. Both agree that the Court's appellate jurisdiction has overshadowed its constitutional role. Concerns are raised that more judges could lead to greater doctrinal inconsistency, especially with two-judge benches, and that the government's inconsistent litigation policy exacerbates the problem. They emphasize the need for robust mechanisms to filter frivolous litigation, stricter time allocation, and improved gender representation.
Key Points
- The recent increase in the Supreme Court's sanctioned strength to 38 judges aims to address pendency, but its effectiveness is debated.
- The high volume of Special Leave Petitions (SLPs) and the Court's reluctance to establish clear guidelines for their exercise are major contributors to the backlog.
- Concerns exist that increasing judge strength could lead to greater doctrinal inconsistency, particularly with two-judge Division Benches, and more conflicting rulings.
- The government's lack of a consistent litigation policy, often pursuing cases up to the Supreme Court even when unsustainable, further burdens the judicial system.
- Institutional reforms are needed, including robust mechanisms to filter frivolous litigation, stricter time allocation for arguments, and greater transparency in judicial appointments, with a focus on gender representation.
Exam Facts
- The President promulgated an ordinance increasing the sanctioned strength of the Supreme Court from 34 to 38 judges on May 17.
- The Supreme Court (Number of Judges) Amendment Bill, 2026, was approved by the Union Cabinet.
- According to the National Judicial Data Grid, pendency before the SC currently stands at 93,966 cases.
- Article 136 of the Constitution grants the Supreme Court extraordinary jurisdiction for Special Leave Petitions.
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