Question 94 from UPSC CSE 2014 - Polity

Question

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

IASCODEX · Accepted Answer

Correct Option: B. the Parliament

Strategy: - Focus on the constitutional and statutory context for appointments and changing the Supreme Court's strength.
- Identify that the President appoints judges but does not set their number.
- Recognize that Parliament holds the legislative power to alter the court's size via statutory amendments.
- Note that the Chief Justice and Law Commission can only make recommendations.
- Conclude that Parliament is the correct answer based on this authority.

Key Info: **Legal Framework for Supreme Court Judges**
- The number of judges is determined by statutory law, specifically the Supreme Court (Number of Judges) Act, 1956, as amended by Parliament.
- Article 124 of the Constitution establishes the court but leaves the exact number of judges to be decided by legislation.
- Only Parliament can change the sanctioned strength of the Supreme Court by amending the Act.
- The President appoints judges but cannot alter their total number.
- The Chief Justice of India and the Law Commission can make recommendations or propose reforms but lack the legal authority to change the number.
- Amendments have periodically increased the number of judges to address growing case loads and the need for greater judicial capacity.

IASCODEX · Answer

Option A: The President of India

IASCODEX · Answer

Option C: The Chief Justice of India

IASCODEX · Answer

Option D: the Law Commission