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UPSC Prelims 2014 · Polity · Judiciary
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) the Chief Justice of India
- (d) the Law Commission
Show the answer and explanation
Answer: (b) the Parliament
Art. 124(1): “a Chief Justice of India and, until Parliament by law prescribes a larger number, of not more than seven other Judges”. Parliament fixes it by the Supreme Court (Number of Judges) Act.
The idea
Strength over time: 8 (1950) → 11 (1956) → 14 (1960) → 18 (1978) → 26 (1986) → 31 (2008) → 34 (2019), including the CJI. Parliament also fixes judges’ salaries by law; they are charged on the Consolidated Fund.
Why the others are wrong
(a) The President appoints judges but does not fix the number.
(c) The CJI can appoint ad hoc judges (Art. 127) for quorum, but cannot increase the strength.
(d) The Law Commission only recommends.
The trap
Appointing and fixing the number feel like the same power. Appointing = President; number = Parliament.
🔒 SC strength fixed by Parliament (Art. 124(1)) · now 34 incl. CJI (2019) · ad hoc judges by the CJI with the President’s consent (Art. 127).