Supreme Court Strength Increased | 4 More Judges Added | VisionIAS Current Affairs

本站添加: 2026-05-22

[00:00:00]government has published that there are about 93,000 cases which are pending in Supreme Court of India. So the constitution of India originally mentioned that there will be a Supreme Court of India and Supreme Court of India will consist of Chief Justice of India and not more than seven other Supreme Court judges. So constitution of India under article 124 clause 1 originally mentioned key supreme court will consist of CGI plus seven other supreme court judges. There is a problem of infrastructure in courts. We have less number of courtrooms. We have shaft shortages. We have poor digitalization the court systems of India.

[00:00:48]Hello everyone. So recently the president of India has promulgated an ordinance which has increased the number of Supreme Court judges from 33 to 37 that brings us to certain important concepts of polity here. So firstly what is the meaning of ordinance and who can issue ordinance and at what circumstances ordinance can be issued by the government. Second what is the mechanism to increase the number of Supreme Court judges in India. So before that discussion it is very important key why this ordinance has been made by the government. So let's look at key why government has taken the decision to increase the number of Supreme Court judges from 33 to 37. So again in this report government has published that there are about 93,000 cases which are pending in Supreme Court of India. And there is a very good saying justice delayed is justice denied. Imagine you have filed a case in the courts of India and by the time you are getting the final judgment 15 20 years has passed.

[00:01:55]What's the meaning of that judgment that you have to wait for a judgment for 20 years and that is something which is happening with an idea of pendency of cases in the Supreme Court of India.

[00:02:06]Just to relate to something which is you can understand easily. Imagine in a hospital you are going and the number of patients in the hospital is increasing.

[00:02:16]Day by day the population is increasing and again the number of patients who are going to hospitals is increasing but the number of doctors remains the same. So how the problem is going to be solved and that is something which is happening in the cases of judiciary in India specifically Supreme Court 93,000 cases are pending in Supreme Court of India but we have less number of judges. So that is the rational which has been given by the government that why we have increased the strength of Supreme Court judges in India. But now we need to also understand why the number of cases in Supreme Court of India is increasing, why pendency is increasing. And there are few reasons which can be help us to understand why the pendency in Supreme Court is increasing. Number one, you must have seen key now people are getting more educated. They are more becoming aware of their respective rights and that awareness has led to more number of cases which people are filing in the courts of India and due to the appeal mechanism this cases are reaching the Supreme Court of India.

[00:03:21]Number one. Number two is we have understood in India we have an idea of integrated judiciary that an citizen can approach the lower courts first if he or she is not satisfied with the judgment of lower court he or she has an option to appeal in the supreme court of high court of India and then in the high court of India if the citizen not satisfied with the judgment of high court by the way of appeal they can appeal against the judgment of high court in supreme court of India there are other mechanisms which you must have read. He high court has to certify certain cases to which are fit to be appealed enough to Supreme Court of India. All such mechanisms are there.

[00:04:01]But again we also understand by the way of appeal cases are reaching Supreme Court of India and that is the reason of pendency of cases in Supreme Court. Then we have the meaning of public interest litigations. So we have seen that how public interest litigations are increasing in the country. What are these public interest litigation? So there are certain publicspirited citizens of the country who on behalf of a group of people are fighting certain cases in the courts of India on different other matters in the country.

[00:04:34]For example, let's say pollution is happening then there are certain public spirited citizens who are filing a petition that again it is leading to violation of let's say uh right to environment in the country. So there are multiple cases and due to this litigations which are filed the number of cases pending in Supreme Court is increasing day by day. And lastly we have seen that during the coid9 pandemic situation there was a temporary shutdown in the physical functioning of the courts of India and during that time majority of cases went on pending and these are a few prominent contemporary reasons which has been attributed to the increased number of cases which are pending in Supreme Court of India. That is the scenario of reasoning which has been given by the government or which you should also self understand why Supreme Court judges strengths are increasing because as cases are increasing cases need to be disposed of and that's why we require more number of judges. Now that brings us to the next point key what does the constitution says key how and who is authorized to increase the Supreme Court judges in India? For that we need to understand what does the constitution of India says. So the constitution of India originally mentioned that there will be a supreme court of India and supreme court of India will consist of chief justice of India and not more than seven other supreme court judges. So constitution of India under article 124 clause 1 originally mentioned key supreme court will consist of CGI plus seven other supreme court judges but it also made a provision key as and when the country is going to progress there will be population which is going to increase. So another provision was added over there. Key parliament through a law can increase the strength of supreme court. So now it has also allowed that parliament through a law is empowered to increase the strength of supreme court judges. Originally constitution it is going to be CGI plus seven supreme court judges. But it also made a provision key parliament through law is going to increase the number of Supreme Court judges as and when there is requirement in the country. And what would have been the rational reasoning behind the constitution makers who added this revision in the constitution? As country is going to progress, population is going to increase, then India would grow, population would rise and disputes of course are going to rise and that is where this power was given to parliament that they can increase the Supreme Court judges strength as and when there will be a requirement in the country. Now as parliament has a power so parliament has used that power multiple times to increase the number of Supreme Court judges. How it can happen that parliament is going to make a law and that law is going to increase the Supreme Court judges. So we also understand there are different kind of majorities which are required to pass a law in the country. So to increase the number of Supreme Court judges, you require that law to be passed by the houses of parliament by a simple majority facts here very important for your prelims based questions in the examination. Right? So now initially the judges was what strength was eight CGI plus seven supreme court judges. Later on we have seen by different laws of parliament the number of Supreme Court judges have been increased from time to time and in 2019 the parliament increased the Supreme Court judges strength to 34 that is CGI plus 33 Supreme Court judges that was a maximum strength of Supreme Court. Now the recent ordinance which has been passed by the president of India has further increased the strength of Supreme Court from 34 to 38 judges including CGI. Now as I have discussed with you who can increase Supreme Court judges parliament through a law but now parliament has not increased the strength ordinance has been passed by the president of India and that ordinance has increased the Supreme Court strength. Now we come to the other concept that what is the meaning of ordinance and what is the meaning and when ordinance can be passed by the government that comes to the next set of discussion that what is the ordinance making process in India. So in India again we have seen the constitution of India has created three organs of the state that is what are those three organs that is the state is going to be consisting of three organs that is executive legislature and the judiciary and every organ has been demarked a specific role which they need to perform. Law making task has been given to legislature. Law implementation task has been given to executive and interpretation of law according to the provision provisions of the constitution has been given to judiciary broadly. Now as I discussed law makingaking power is with respect to the parliament of India but there are instances wherein parliament is not in session. For example we have also seen the parliament of India meets in certain sessions of parliament. We have let's say uh budget session which happens from February to May. Then we have a recess of 1 month. Then we have session two that is the monsoon session of parliament which happens from let's say July to September. Then we have again a recess of one month. Then the winter session of parliament starts that is lasting from November to December. Then we again have a recess of 1 month that is in the month of January. Who will make law when parliament is not in session? And for that extraordinary situation, the law makingaking power has been given to the executive organ of the government. And that law makingaking power is called as ordinance making power by the government. Government by the meaning here is executive. Right? So parliament if it is not in session then ordinance can be promulgated. Right? So again different articles are there.

[00:10:59]Article 123 talks about the ordinance making power of the president of India.

[00:11:03]Article 213 talks about the ordinance speaking power of governor of that respective state. So what is ordinance?

[00:11:10]Ordinance is a temporary law which is going to be made by the executive in situations when only parliament is not in session. Right? No other way ordinance can be issued by the government. Right? So let's understand currently parliament was not in session and then ordinance making power has been used by the government to promulgate an ordinance. So what is an ordinance? So ordinance is just a law made by the executive and that law we are calling it as an ordinance. As simple as that.

[00:11:44]Don't complicate things. Right? So here the cabinet is recommending to the president that again there is a need to make ordinance in the country. So that brings us to one other concept sir parliament is in of course there will be multiple instances in a year where again parliament would not be in session. So can executive use this idea to promulgate every time when parliament is not in session then what's the power of division of power then that is where a condition has been mentioned over there if it is very much required an ordinance or a law to be made in a situation when parliament is not in session then only the president will promulgate an ordinance right so again under article 123 it has given if president of India is satisfied that a immediate action on any matter or immediate law has to be made in any matter in the country then by that satisfaction president is going to promulgate an ordinance that is again a mechanism to ensure that how executive cannot make law every time parliament is not in session and the condition is what that the president must be satisfied that a law is very much immediately required to be made by the government.

[00:13:08]If parliament is not in session, then promulgate ordinance would happen. It would just be a temporary law. Why temporary law? Because parliament is authorized to make law in the country or state legislatures are authorized to make law in the country. Whenever they are not in session, a promulgation of ordinance is being done. So, it is going to be considered as a temporary law. So, what's the meaning of temporary law?

[00:13:33]Ordinance will act just like any other law of the parliament or act made by the parliament. But the idea here is key once parliament comes back from the recess or once the session gets resumed then what would happen to that particular ordinance that is like an important matter. So whenever uh parliament is coming back into session then the approval of parliament is required to continue that pro ordinance.

[00:14:03]That's a basic idea. So now if parliament comes back to session then the parliament either has an option to approve that ordinance which has been made by the parliament then ordinance will going to be continue in effect or if on any matter ordinance has been issued parliament will have a power to make a law by passing a bill and then that ordinance will cease to be affecting over here and then if no action is taken by the parliament ment on that ordinance. So ordinance is going to last only for 6 weeks. After that it is going to get lapsed after the reassembly of the parliament. That's a basic idea. Right? Now second option is parliament is going is going to disapprove the ordinance and the ordinance is going to be ceasing to be inoperative in nature. So if I ask you one question what's the maximum duration in which on on what ground? What's the maximum duration which a ordinance is going to be in existence? I tell it is going to be 6 months plus 6 weeks. So a ordinance in India can last maximum of 6 months and 6 weeks. Why 6 months? Because the constitution tells key between two sessions of parliament there can be a maximum gap of 6 months. Okay. Number one. And why 6 weeks? We have seen if parliament does not take any action on that ordinance after getting back into session the ordinance is only going to last for 6 weeks and that's why the time period of 6 months and 6 weeks. Now you must also understand key there can be instances wherein the parliament or the sorry the executive can misuse this ordinance making power of the government of India right and this is where there is an idea of judicial review and which was happening in the DC vada case. You must have read that an important Supreme Court judgments are very important for examination in Bihar. It was observed that ordinance was repromulgated multiple times and same ordinance came into effect by repromulgation.

[00:16:18]Every six six months we are rep-romating the same ordinance and that is leading to what that is the law makingaking power is given to the legislatures and law makingaking power is taken by the legislature by repromating the ordinance again and again and this was something which came in front of courts of India and Supreme Court of India in DC Vadwa case it talked about key ordinance making power mis cannot be misused by the government and because the law makingaking power has been confirmed referred to the legislature by the constitution of India and the ordinance making power and the idea to make ordinance is not beyond the idea of judicial review. So now we got a clarity that how a ordinance is going to be made and why the president of India this time has promulgated an ordinance to increase a supreme court judge. That brings us to the very last idea of the discussion that will it solve the idea of pendency of cases. As I have discussed earlier, there are 93,000 cases which are pending in Supreme Court of India. By mere adding four judges, is it going to increase or decrease the number of pending cases in Supreme Court of India?

[00:17:35]That is again a question. So again, of course, yes, something is better than nothing. So of course yes it is going to temporarily lessen the burden of Supreme Court and let help them in clearing the backlog of cases pending in front of them. Now if I interlink it to something happening in the cities you must have seen key in the cities of India we have been seeing the problem of traffic.

[00:18:00]There are lot of number of vehicles running in the streets and everyone is having their own individual private vehicle. If I want to control traffic, what I can do is I can increase the number of public transport. I can increase the number of buses in the country. But what if there's a problem in the roads, there's a problem of traffic, there's a problem of let's say parking, there's a problem of parking of or maybe let's say there's a problem of urbanization in the country. And is it going to solve the problem permanently?

[00:18:31]No. So just by increasing the number of judges is not going to solve the problem of pendency of cases in the Supreme Court of India. So what kind of reforms do we actually need to bring in? That is we are going to in because we have seen that the sanction strength which has been increased from 34 to 38 but many a times there are certain vacancies strength to 38 key but multiple times we have been seeing that the let's say the seats are vacant over here. So number one here is we are going to see the ideas of vacancies. In spite of the sanction strength there are many judges seats who are vacant and why this vacancy as the very first time we have seen the process of appointment of judges happens through a collegium system. What is the collegium system that the president of India is going to consult a colleium of CGI plus four senior most judges and they are going to suggest the names and then president of India is going to appoint those names as the Supreme Court judges but again what we have seen Khal is sending the name to the president but again there's a delay in the appointment process by the president of India that is again a reason then we have seen that there are too many cases and we have seen in majority of cases es which are pending in the courts. One of the litigant is the government and there are viewpoints that these cases would have been avoided as a matter of litigation in courts of India and that has led to increased pendency of cases and lastly there is a problem of infrastructure in courts. We have less number of courtrooms. We have shaft shortages. We have poor digitalization in the court systems of India. And these are the structural changes apart from increasing the strength of Supreme Court of India which are required to decrease the pendency of cases in Supreme Court of India. Right?

[00:20:26]So technically this is an immediate short-term measure which could be done but again the long-term solutions are discussed over here. Now my question to you is what do you feel what are the other kind of reforms which needs to be introduced by judiciary in order to decrease the tendency of cases in Supreme Courts of India. Please post your comments in the sections so that everyone could get to know what are the other suggestions which is going to bring in reform which is going to reduce the pendency of cases in Supreme Courts of India. Till the next time all the very best keep watching. Thank you so much.