Five new Supreme Court judges sworn in, strength increases to 37
The appointments come shortly after the Union government increased the court’s sanctioned strength from 33 to 37 judges, excluding the CJI; the latest round of elevations is also expected to balance regional representation and enhance gender diversity on the Bench
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Context
The received five new judges, increasing its working strength to 37, following a recent ordinance increasing the sanctioned strength from 34 (including the CJI) to 38. This includes the direct elevation of senior advocate V.S. Mohana from the Bar, enhancing gender representation on the Bench. These appointments, recommended by the and approved by the President under , aim to address the mounting backlog of over 93,000 cases.
UPSC Perspectives
Polity
The appointment of Supreme Court judges is governed by of the Constitution. Originally, the Constitution envisaged a strength of 8 judges (including the CJI), leaving it to Parliament to increase this number by law. The recent increase in sanctioned strength is noted in the article as occurring via an Ordinance, which would be issued under when Parliament is not in session. For UPSC, the critical mechanism to understand is the system. Evolving through the 'Three Judges Cases' (1981, 1993, 1998), the Collegium for appointing SC judges consists of the and the four senior-most judges of the apex court. This system ensures judicial primacy in appointments, a principle deeply contested by the executive, particularly seen in the striking down of the in 2015. The article highlights the complex interplay between the Collegium's recommendations and the Union government's subsequent approval and notification.
Governance
A central governance issue highlighted is judicial pendency, a critical bottleneck in the Indian justice delivery system. The Supreme Court currently faces a backlog of over 93,000 cases. Increasing the sanctioned judge strength (currently 34, and increased to 38 via the mentioned ordinance) is a primary structural response. This allows for the more frequent constitution of Constitution Benches (requiring 5 or more judges) to settle substantial questions of law, as mandated by . Furthermore, the direct elevation of V.S. Mohana from the Bar to the Bench is a rare practice, historically seen with figures like Justice Indu Malhotra. The Constitution allows for this under , which permits the appointment of a distinguished jurist or an advocate of a High Court with at least 10 years of standing. The Collegium system has faced criticism for lack of transparency; however, this latest round of appointments explicitly mentions balancing regional representation and improving gender diversity, indicating an effort to make the higher judiciary more representative of the Indian demographic.
Social
The elevation of senior advocate V.S. Mohana brings the critical issue of gender representation in the higher judiciary to the forefront. Historically, the Supreme Court has had a severe underrepresentation of women. Until Mohana's appointment, Justice B.V. Nagarathna was the sole woman judge on the Bench. The lack of diversity impacts the jurisprudential perspective of the court, particularly in cases involving women's rights, family law, and workplace equity. While there is no formal constitutional quota for women or marginalized communities in the higher judiciary, there has been a growing consensus, often articulated by former Chief Justices, that the Bench must reflect the diversity of the society it serves. The direct elevation from the Bar is seen as one pathway to inject fresh perspectives and diversify the composition of the court, bypassing the traditional route of promoting High Court Chief Justices.