Parliament Approves Expansion of Supreme Court Bench to 37 Justices
The Rajya Sabha has cleared a legislative amendment to increase the Supreme Court's judicial strength from 34 to 37 members. This move aims to tackle the backlog of cases while sparking intense parliamentary debate over judicial diversity and systemic reform.
Key takeaways
- The Supreme Court (Number of Judges) Amendment Bill increases the total judicial strength to 37.
- The government plans to utilize arbitration and mediation to reduce the 64 lakh case backlog in Indian courts.
- Opposition MPs highlighted a lack of representation, noting that marginalized groups and women remain underrepresented in the judiciary.
- Parliamentary Affairs Minister Kiran Rijiju attributed the lack of diversity in appointments to the Collegium's nomination process.
Legislative Expansion of the Apex Court
India's upper house has returned the Supreme Court (Number of Judges) Amendment Bill to the Lok Sabha, effectively authorizing an increase in the maximum number of justices. This legislative action raises the court's capacity to 37 judges, moving up from the previous limit of 34. The bill, categorized as a Money Bill, formally replaces an executive ordinance issued by the government in May 2026.
Debate Over Judicial Diversity and Representation
During the parliamentary session on August 5, 2026, opposition members raised concerns regarding the demographic composition of the higher judiciary. Trinamool Congress MP Menaka Guruswamy noted that women occupy only 14% of High Court positions. Her data indicated that between 2018 and 2026, government appointments included only 3% from Scheduled Castes, 2% from Scheduled Tribes, and 12% from Other Backward Classes. DMK MP R. Girirajan further asserted that approximately 76% to 80% of recent High Court appointees belong to upper-caste general categories, highlighting a lack of representation for marginalized groups.
Addressing the National Case Backlog
Minister of State for Law and Justice Arjun Ram Meghwal defended the expansion as a necessary measure for judicial efficiency. He stated the administration is committed to reducing the national backlog, which BJP MP Sangeeta Yadav estimated at 64 lakh cases across various courts. To further alleviate the burden on the judiciary, Meghwal announced a focus on alternative dispute resolution mechanisms, specifically arbitration, mediation, and conciliation.
Opposition Critique and Procedural Walkout
The passage of the bill was marked by a walkout from opposition benches. Congress MP Vivek Tankha questioned the necessity of the initial ordinance, asking why the government did not move directly to a parliamentary act. Tankha also expressed skepticism that adding four judges would significantly impact the 95,000 cases currently pending before the Supreme Court. Additionally, IUML MP Haris Beeran advocated for structural reforms, including higher salaries and an increased retirement age for justices.
The Executive-Judiciary Dynamic
Addressing the criticism of appointment demographics, Parliamentary Affairs Minister Kiran Rijiju clarified the procedural boundaries of the executive branch. He noted that while the government issues the final notifications, the names of candidates are selected by the Supreme Court Collegium. Rijiju stated that the government cannot unilaterally appoint candidates from Scheduled Castes or Tribes if the Collegium does not nominate them.
Key Facts
- The Supreme Court bench size increases from 34 to 37 justices.
- The legislation replaces a government ordinance issued in May 2026.
- Current estimates place the total pending cases in India at roughly 64 lakh.
- The bill passed via voice vote following an opposition walkout in the Rajya Sabha.
Source: The Hindu — National
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