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

UPPSC 2022

General Knowledge

Easy

Appeared in: UPPSC 2022

Explanation

Article 124(1) of the Indian Constitution explicitly states that the Supreme Court shall consist of a Chief Justice of India and, until Parliament by law prescribes a larger number, of not more than seven other Judges.
This provision grants the Parliament the exclusive legislative power to increase the strength of the Supreme Court.
Over the years, Parliament has enacted several laws, such as the Supreme Court (Number of Judges) Act, to increase the number of judges to meet the demands of increasing litigation.
The current strength of 34 judges (1 CJI + 33 judges) is a result of a parliamentary amendment in 2019.

Option A: The President's role is to appoint the judges, not to determine the number of judges. The President acts on the advice of the collegium for appointments but does not have the legislative power to alter the court's sanctioned strength.
Option C: The Chief Justice of India (CJI) is the administrative head of the Supreme Court but does not have the power to increase the number of permanent judge positions. The CJI's role is judicial and administrative, not legislative.
Option D: The Law Commission is a non-statutory, advisory body. Its role is to conduct research and make recommendations for legal reform. Its recommendations are not binding on the government or Parliament.

Clinical Relevance

Nursing practice connection: This is primarily an exam-oriented knowledge point with limited direct bedside application, so retain Constitutional powers regarding the composition of the Indian Judiciary as background academic context rather than a clinical decision trigger.
This question tests knowledge of the Indian Constitution and the principle of separation of powers, which is a fundamental concept in civics and general awareness sections of competitive exams.
Understanding the distinct roles of the Legislature (Parliament), Executive (President), and Judiciary (Supreme Court) is crucial for interpreting legal and political news and for being an informed citizen.
What if the question asked about High Court judges? The power to determine the strength of each High Court is exercised by the President of India, unlike the Supreme Court where it is done by Parliament. This highlights a key difference in the constitutional framework for the higher judiciary.

How to Approach the Question

First, identify the core of the question. It asks about the 'power to increase the number of Judges' in the Supreme Court.
Recognize this as a question of constitutional law, specifically related to the structure of the judiciary.
Recall or deduce the roles of the different bodies mentioned in the options. The President is the executive head, the Parliament is the legislature, the Chief Justice is the judicial head, and the Law Commission is an advisory body.
The power to change the number of judges is a legislative function, as it involves amending the law that sets the court's strength. This points directly to the Parliament.
Evaluate each option: The President appoints, the CJI administers, and the Law Commission advises. Only the Parliament legislates. Therefore, the Parliament is the correct answer.

Concept Tested & Keywords

Concept Tested: Constitutional powers regarding the composition of the Indian Judiciary
Stem keywords: Supreme Court of India, increase number of Judges, power vested in
Lead-in keywords: vested in

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