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Q37 (CAPF/2008) Polity & Governance › Judiciary › Supreme Court structure and powers Answer Verified

In India, the power to increase the number of judges in the Supreme Court lies with—

Result
Your answer: —  ·  Correct: D
Explanation

Under Article 124(1) of the Constitution of India, the power to increase the number of judges in the Supreme Court is vested in the Parliament [c1][c2]. The original Constitution of 1950 fixed the strength at eight judges (one Chief Justice and seven other judges), but it explicitly allowed Parliament to prescribe a larger number by law [c2][t1]. Consequently, the Parliament enacted the Supreme Court (Number of Judges) Act, 1956, which has been amended several times to progressively increase the judicial strength [c4][t3]. For instance, the number was raised to 11 in 1956, 14 in 1960, 18 in 1977, 26 in 1986, 31 in 2008, and most recently to 34 (including the CJI) via the 2019 amendment [c4][c5]. While the President appoints the judges and the Chief Justice may request ad hoc appointments, only the Parliament has the legislative authority to expand the sanctioned permanent strength of the Court [c1][t2].

Sources

  1. [1] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 22: THE SUPREME COURT > THE SUPREME COURT > p. 339
  2. [2] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 26: Supreme Court > Table 26.2 Acts Relating to the Composition of the Supreme Court > p. 295
  3. [3] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 26: Supreme Court > 1 COMPOSITION AND . APPOINTMENT > p. 285
  4. [4] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 22: THE SUPREME COURT > REFERENCES > p. 355
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