The Senate Committee on Law and Justice, in its first session, deliberated on the need to increase the number of judges in the Supreme Court. Statistics clearly suggest that there is a backlog of cases in the apex court and not enough capacity to close them and reduce the backlog. Naturally, having more judges in the Supreme Court will solve the problem. Two numbers are being considered to increase the strength—either 21 or 24. The current strength of the Supreme Court is 17. Recently, two High Court Chief Justices were promoted to the Supreme Court against a similar backdrop, with the only difference being that it was undertaken by the Judicial Commission.
The Senate Panel seeks to increase the number via simple legislation. This will also settle the controversy and fury around the appointment of ad hoc retired judges by the government. Delays in the provision of justice and pending cases have long remained a scar on the judiciary’s performance, often overlooking the burden of cases the apex court has. While there can be other reforms, such as permanently closing certain cases at the high courts level and the Supreme Court not hearing appeals, these will require constitutional amendments. As a quick fix, the Senate’s committee is headed in the right direction. The justice system requires changes through legislative as well as constitutional reforms. Accessibility, delays, and politicization are some of the many reasons to change the existing procedures and structures. When more judges are appointed, it should also be considered that more physical space is required. Courts must be easier to access, and the number of courtrooms will also need an exponential increase to correspond with more judges. This change is equally needed for high courts and session courts.
The Senate Committee for Law and Justice has picked the rope from the right end and must also discuss other essential changes the judiciary needs in its coming sessions. Given the backlog, the adage “the more, the merrier” stands true for the Supreme Court.
