Points to Remember:
- The composition of the Supreme Court of India is a matter of constitutional importance.
- The power to alter the number of judges rests with the legislative branch of the government.
- The Chief Justice of India, President, and Law Commission do not possess this authority.
Introduction:
The Supreme Court of India is the highest court of appeal in the country. Its structure and composition are defined by the Constitution of India. Article 124 of the Constitution establishes the Supreme Court and outlines its powers. A crucial aspect of its functioning is the number of judges who constitute the court. The question of who has the authority to alter this number is a matter of constitutional interpretation and legal precedent. This question requires a factual and analytical approach to determine the correct answer from the given options.
Body:
The Constitutional Provision:
Article 124(1) of the Constitution of India establishes the Supreme Court and mentions the Chief Justice of India and other judges. However, the exact number of judges is not explicitly stated. Article 124(1) states that “there shall be a Supreme Court of India consisting of a Chief Justice of India and, until Parliament by law prescribes a larger number, of not more than ten other Judges.” This clearly indicates that the power to determine the number of judges rests with Parliament.
Parliament’s Role:
Parliament, through its legislative power, can amend the Constitution or enact laws to increase or decrease the number of judges in the Supreme Court. This power is derived from its constitutional authority to make laws on matters of national importance, including the judicial system. Several amendments and laws have been passed over the years to increase the number of judges in the Supreme Court, reflecting Parliament’s role in shaping the court’s structure.
Exclusion of Other Options:
(A) The Chief Justice of India is the head of the Supreme Court but does not have the power to unilaterally increase the number of judges. Their role is primarily judicial and administrative within the existing framework.
(B) The President of India is the head of state and has certain executive powers, but the power to alter the composition of the Supreme Court rests with the legislature (Parliament), not the executive.
(D) The Law Commission of India is an advisory body that provides recommendations on legal reforms. While its recommendations can influence Parliament’s decisions, it does not have the authority to independently change the number of Supreme Court judges.
Conclusion:
In conclusion, the only entity authorized to increase the number of judges in the Supreme Court of India is (B) Parliament. This is explicitly stated in Article 124(1) of the Constitution, which grants Parliament the power to prescribe a larger number of judges than the initial limit. The Chief Justice of India, the President, and the Law Commission play important roles in the Indian judicial system, but they do not possess the legislative power to alter the Supreme Court’s composition. This arrangement ensures a balance of powers and upholds the principle of parliamentary sovereignty in matters concerning the judicial structure. A strong and independent judiciary, whose size is determined by the democratically elected Parliament, is crucial for upholding the rule of law and ensuring justice for all citizens. This reflects a commitment to constitutional values and the holistic development of the nation’s legal framework.
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