Bill to hike number of SC judges to be introduced in Lok Sabha on Monday
The Supreme Court (Number of Judges) Amendment Bill, 2026, which raises the Court's sanctioned strength from 34 to 38 judges (including the Chief Justice of India), is listed for introduction in the Lok Sabha.
The Bill is intended to replace the Supreme Court (Number of Judges) Amendment Ordinance, 2026, promulgated on 16 May 2026 after the Union Cabinet approved the proposal on 5 May 2026.
Five judges have already been appointed to the Supreme Court on the basis of the upgraded sanctioned strength enabled by the ordinance.
A statutory resolution disapproving the ordinance has been moved, which Parliament must decide upon within the constitutional time limit for the ordinance to lapse or continue in force as an Act.
Article 124(1) — Parliament's Power to Fix Supreme Court Strength
Article 124(1) provides that the Supreme Court shall consist of the Chief Justice of India and, "until Parliament by law prescribes a larger number," not more than seven other judges. This wording itself empowers Parliament to enlarge the Court's strength through ordinary legislation — no constitutional amendment is required, since the framers explicitly anticipated future increases.
Key Details
- The Supreme Court (Number of Judges) Act, 1956, is the operative ordinary statute; original strength was 11 (10 puisne judges + CJI)
- Progression of sanctioned strength (including CJI): 11 (1956) → 14 (1960) → 18 (1978) → 26 (1986) → 31 (2009) → 34 (2019) → 38 (2026)
- The 2026 amendment increases puisne judges from 33 to 37 (excluding CJI), taking the total to 38
- Because Article 124(1) already contemplates Parliament prescribing a larger number, the Bill needs only a simple majority in both Houses
The Bill being introduced in the Lok Sabha is a routine exercise of this ordinary law-making power, continuing a pattern of periodic strength increases roughly once a decade since 1956.
Article 123 — Ordinance-Making Power and Its Time Limit
Article 123 allows the President to promulgate an ordinance when Parliament is not in session and immediate action is necessary. An ordinance has the same force as an Act of Parliament but is temporary: it must be laid before both Houses and ceases to operate six weeks from the reassembly of Parliament, unless both Houses pass resolutions disapproving it earlier, or unless it is replaced by an Act before that deadline.
Key Details
- The Supreme Court (Number of Judges) Amendment Ordinance, 2026 was promulgated on 16 May 2026, during a period when Parliament was not in session
- Judicial appointments made under an ordinance-enabled expansion remain valid law until the ordinance is either replaced by an Act or allowed to lapse
- A resolution disapproving an ordinance, if passed by both Houses, causes it to cease immediately; otherwise it lapses automatically after six weeks from reassembly unless Parliament enacts a replacement law first
- This Bill is the government's route to convert the temporary ordinance into a permanent Act before the six-week window closes
Introducing the Bill in the Lok Sabha during the Monsoon Session is necessary to give permanent statutory backing to the judge-strength increase before the ordinance's constitutionally mandated expiry.
Judicial Appointments, Backlog, and the Collegium
Appointments to the Supreme Court are made by the President under Article 124(2), following the collegium system evolved through Supreme Court rulings rather than any express constitutional text. Article 124(3) prescribes eligibility: a person must be a citizen of India who has been a High Court judge for five years, or an advocate of a High Court for ten years, or is a distinguished jurist in the President's opinion.
Key Details
- Collegium system established through the Second Judges Case (Supreme Court Advocates-on-Record Association v. Union of India, 1993) and clarified in the Third Judges Case (In re Presidential Reference, 1998)
- The strength increase is aimed at addressing rising pendency, which crossed roughly 90,000-plus cases in the Supreme Court through 2026
- High Courts, by contrast, had a combined sanctioned strength of over 1,100 judges with several hundred vacancies as of 2026, showing that vacancy — not sanctioned strength alone — is a separate driver of pendency across the judiciary
- Judges appointed under the enlarged strength continue to be selected through the same collegium process; the ordinance/Bill changes only the numerical ceiling, not the appointment mechanism
The rationale cited for the increase is case backlog management; however, since appointments still depend on collegium recommendations being processed and vacancies filled, a higher sanctioned strength does not by itself guarantee faster disposal.
- Supreme Court sanctioned strength raised from 34 to 38 judges, including the CJI (33 to 37 excluding CJI)
- Union Cabinet approval: 5 May 2026; Ordinance promulgated: 16 May 2026 under Article 123
- Historical strength (including CJI): 11 (1956) → 14 (1960) → 18 (1978) → 26 (1986) → 31 (2009) → 34 (2019) → 38 (2026)
- An Article 123 ordinance ceases to operate six weeks from the reassembly of Parliament unless earlier disapproved or replaced by an Act
- Five judges already appointed under the ordinance-enabled expanded strength
- Article 124(3) eligibility: 5 years as a High Court judge, or 10 years as a High Court advocate, or distinguished jurist