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Q75 (IAS/2014) Polity & Governance › Judiciary › Supreme Court structure and powers Official Key

The power to increase the number of judges in the Supreme Court of India is vested in

Result
Your answer: —  ·  Correct: B
Explanation

Parliament has the power to make laws regulating the constitution, organisation, jurisdiction and powers of the Supreme Court. Subject to such legislation, the Supreme Court consists of the Chief Justice of India and not more than thirty-three other Judges.[1] Originally, the strength of the Supreme Court was fixed at eight (one chief justice and seven other judges). The Parliament has increased this number of other judges progressively to ten in 1956, to thirteen in 1960, to seventeen in 1977, to twenty-five in 1986, to thirty in 2008 and to thirty-three in 2019.[2]

The President's role is limited to appointing judges, not determining their number. The Chief Justice of India is consulted in the appointment process but has no authority to alter the court's strength. The Law Commission is merely an advisory body with no constitutional power to change the composition of the Supreme Court. Only Parliament, through legislation, can increase or decrease the maximum number of judges in the Supreme Court.

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 > 1 COMPOSITION AND . APPOINTMENT > p. 285
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Don’t just practise – reverse-engineer the question. This panel shows where this PYQ came from (books / web), how the examiner broke it into hidden statements, and which nearby micro-concepts you were supposed to learn from it. Treat it like an autopsy of the question: what might have triggered it, which exact lines in the book matter, and what linked ideas you should carry forward to future questions.
Q. The power to increase the number of judges in the Supreme Court of India is vested in [A] the President of India [B] the Parliament [C…
At a glance
Origin: Books + Current Affairs Fairness: Low / Borderline fairness Books / CA: 2.5/10 · 5/10
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This is a textbook 'Sitter' found explicitly in Laxmikanth and DD Basu. It tests the fundamental separation between Legislative power (structural changes) and Executive power (appointments). If you marked 'President', you confused the appointing authority with the regulating authority.

How this question is built

This question can be broken into the following sub-statements. Tap a statement sentence to jump into its detailed analysis.

Statement 1
Does the Constitution of India vest the power to increase the number of judges of the Supreme Court of India in the President of India?
Origin: Web / Current Affairs Fairness: CA heavy Web-answerable

Web source
Presence: 4/5
"The Supreme Court of India comprises the Chief Justice of India and not more than 33 other Judges appointed by the President of India."
Why this source?
  • States the constitutional composition and a fixed numeric cap: 'not more than 33 other Judges', indicating the Constitution prescribes the number.
  • Says those Judges are 'appointed by the President', distinguishing appointment power from a power to change the constitutional cap.
Web source
Presence: 3/5
"under Article 124 of the Constitution of India, appointments to the Supreme Court of India are to be made by the President in consultation with the judges of the Supreme Court of India"
Why this source?
  • Cites Article 124, specifying that appointments to the Supreme Court are made by the President in consultation, describing appointment procedure rather than a power to increase strength.
  • By describing appointment authority and consultation, it implies the President's role is appointment, not unilateral alteration of the Court's size.

Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 22: THE SUPREME COURT > THE SUPREME COURT > p. 339
Strength: 5/5
“Constitution of the PARLIAMENT has the power to make laws regulating the Supreme Court. Constitution, organisation, jurisdiction and powers of the Supreme Court. Subject to such legislation, the Supreme Court consists of the Chief Justice of India and not more than thirty-three other Judges [Article 124]. Besides, the Chief Justice of India has the power, with the previous consent of the President, to request a retired Supreme Court Judge to act as a Judge of the Supreme Court for a temporary period. Similarly, a high court Judge may be appointed ad hoc Judge of the Supreme Court for a temporary period if there is a lack of quorum of the permanent Judges [Article 127-128].2 Every Judge of the Supreme Court shall be appointed by the President of India.”
Why relevant

States that Parliament has the power to make laws regulating the Supreme Court and that the Court consists of the CJI and, subject to such legislation, not more than a specified number of other judges (Article 124).

How to extend

A student could infer that changing the Court's size likely requires legislation by Parliament rather than a unilateral executive act by the President.

Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 22: THE SUPREME COURT > REFERENCES > p. 355
Strength: 5/5
“• 1. The Constitution provided for seven Judges besides the Chief Justice, subject to legislation by Parliament. Parliament has enacted the Supreme Court (Number of Judges) Acts, 1956, 1986 and 2008, raising this number to 30 and further raised to 33 by the Supreme Court (Number of Judges) Amendment Act, 2019 (37 of 2019) as published in the Gazette of India, Extraordinary, Part II, section I dated 09 August 2019. • 2 Again, in January 1977 instead of HR Khanna J the senior most Judge MU Beg J was made the Chief Justice 'Jf India. Justice Khanna resigned just as the three Judges had done a few years back.”
Why relevant

Records that Parliament enacted successive 'Number of Judges' Acts (1956, 1986, 2008, 2019) to raise the number of judges.

How to extend

Seeing actual parliamentary Acts changing the number supports the idea that increases occur via Parliament — a student could check whether any comparable increase was ever made by presidential order (none shown).

Indian Polity, M. Laxmikanth(7th ed.) > Chapter 26: Supreme Court > Table 26.2 Acts Relating to the Composition of the Supreme Court > p. 295
Strength: 5/5
“| 51 No: 1.; Act (Year): Article 124 of the Constitution; Maximum Number of Judges Fixed (Including Chief Justice of India): 7; Minimum Number of Judges Fixed (Including Chief Justice of India): 8 | 51 No: 2.; Act (Year): Supreme Court (Number of Judges) Act. 1956; Maximum Number of Judges Fixed (Including Chief Justice of India): 10; Minimum Number of Judges Fixed (Including Chief Justice of India): 11 Note: Article 124(1) of the Constitution reads as follows:- There shall be a Supreme Court of India consisting of a Chief Justice of India and, until Parliament by law prescribes a larger number. of not more than seven other judges R”
Why relevant

Notes Article 124(1) sets an initial number 'until Parliament by law prescribes a larger number', showing a constitutional rule that Parliament may prescribe a larger number.

How to extend

A student could combine this constitutional provision with knowledge of how laws are made (by Parliament) to conclude increases are a legislative function, not an executive one.

Indian Polity, M. Laxmikanth(7th ed.) > Chapter 92: World Constitutions > 2014 TEST PAPER > p. 749
Strength: 3/5
“(a) advisory jurisdiction (b) appellate jurisdi ct ion (c) original jurisdi ction (d) writ jurisdi ction 13. The power to in crease the number of judges in the Supreme Court of India is vested in (a) the President of India (b) the Parliament (c) the Chief Justi ce of India (d) the Law Commission”
Why relevant

Presents a multiple-choice question explicitly asking which organ has the power to increase the number, listing President and Parliament as alternatives — implying this is a point of constitutional allocation of power.

How to extend

A student could treat this as highlighting the contested options and then use the constitutional and statutory citations here to prefer Parliament over the President.

Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 11: The Union Executive > 2. Powers and Duties of the President > p. 212
Strength: 4/5
“212 INTRODUCTION TO THE CONSTITUTION OF INDIA [CHAPTER II Again. though he may not be the "real" head of the administration, all officers of the Union shall be his "subordinates" [Article 53(1)] and he shall have a right to be informed of the affairs of the Union [Article 78(b)]. The administrative power also includes the power to appoint and remove the high dignitaries of the State. In making some of the appointments, the President is required by the Constitution to consult persons other than his ministers as well. Thus, in appointing the judges of the Supreme Court, the President shall consult the Chief Justice of India and such other judges of the Supreme Court and of the High Courts as he may deem necessary [Article 124(2)].”
Why relevant

Explains the President appoints Supreme Court judges (in consultation with the CJI and others) — showing a distinct role for the President in appointment, not in changing the Court's sanctioned strength.

How to extend

A student could contrast the President's appointment role with the legislative role shown elsewhere to separate 'appointing judges' from 'increasing the number of judges'.

Statement analysis

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Statement analysis

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Statement analysis

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