First since 2019: Cabinet clears bill to raise Supreme Court judge strength to 38

The Union Cabinet on Tuesday cleared a proposal to increase the strength of the Supreme Court from the present 34 judges to 38, including the Chief Justice of India.

Union Minister Ashwini Vaishnaw said a bill will be brought in the next session of Parliament to raise the apex court's strength by four judges.

The sanctioned strength of the top court is 34 judges, including the CJI. At present, the apex court has two vacancies.

Once the bill is cleared by Parliament and is enacted, the sanctioned number of Supreme Court judges will stand at 38.

The strength of the Supreme Court was last increased from 30 to 33 (excluding the Chief Justice of India) in 2019.

The Supreme Court (Number of Judges) Act 1956, as originally enacted, provided for the maximum number of judges (excluding the chief justice of India) to be 10.

This number was increased to 13 by the Supreme Court (Number of Judges), Amendment Act, 1960, and to 17 by another amendment to the law.

The Supreme Court (Number of Judges) Amendment Act, 1986, augmented the strength of the Supreme Court judges from 17 to 25, excluding the CJI. Subsequently, a fresh amendment in 2009 further augmented the strength of top court judges from 25 to 30.

The strength of the Supreme Court was increased to 33 (excluding the Chief Justice of India) by further amending the original law in 2019.

Article 124(3) of the Constitution states the qualifications to become a Supreme Court judge.

An Indian citizen who has either served as a high court judge for at least five years or as an advocate for 10 years, or is a distinguished jurist can be appointed to the top court.

The strength of the Supreme Court is increased based on the recommendation of the CJI, who writes to the Union Law Minister. After consulting with the Finance Ministry, the Department of Justice in the law ministry moves the Cabinet with a draft bill.