Parliament Monsoon Session Day 9 LIVE: Lok Sabha to take up SC Judges Bill as Rajya Sabha discusses anti-paper leak Bill
The Lok Sabha took up the Supreme Court (Number of Judges) Amendment Bill, 2026 for consideration and passage during Parliament's Monsoon Session.
The Bill seeks to replace the Supreme Court (Number of Judges) Amendment Ordinance, 2026, which had been promulgated earlier in the year and raised the sanctioned strength of Supreme Court judges.
A statutory resolution disapproving the ordinance was moved and scheduled to be taken up alongside the Bill.
Separately, the Rajya Sabha discussed the Public Examinations (Prevention of Unfair Means) Amendment Bill, 2026, the anti-paper-leak legislation, the same day.
Article 124(1) — Constitution and strength of the Supreme Court
Article 124(1) of the Constitution establishes the Supreme Court, consisting of the Chief Justice of India and, until Parliament by law prescribes a larger number, not more than seven other judges. This provision is significant because it makes the sanctioned strength of the Supreme Court a matter of ordinary parliamentary legislation, not a constitutional amendment — Parliament can enlarge the Court simply by amending the Supreme Court (Number of Judges) Act, 1956.
Key Details
- Original strength under the Constitution and the 1956 Act: CJI + 7 judges (total 8).
- Raised to 14 (CJI + 13) by the 1960 Amendment Act; to 18 (CJI + 17) in 1977; to 26 (CJI + 25) in 1986; to 31 (CJI + 30) in 2009; to 34 (CJI + 33) in 2019.
- The Supreme Court (Number of Judges) Amendment Ordinance, 2026 raised the strength (excluding CJI) from 33 to 37, taking the total sanctioned strength (including CJI) from 34 to 38 — the largest single increase in the Court's history.
- The stated objective is to address rising case pendency and workload.
Because Article 124(1) permits change by ordinary law, the current Bill is a Number of Judges Act amendment, not a Constitution Amendment Bill — a frequently tested distinction, since many students conflate "Supreme Court strength" with "basic structure" or constitutional matters.
Article 123 — Ordinance-making power and its parliamentary follow-up
Article 123 empowers the President to promulgate ordinances when either House of Parliament is not in session and immediate action is considered necessary. An ordinance has the same force as an Act of Parliament but is temporary — it must be placed before Parliament and ceases to operate six weeks after Parliament reassembles unless a resolution approving it is passed, or a replacing Act is enacted.
Key Details
- The Supreme Court (Number of Judges) Amendment Ordinance, 2026 was promulgated under Article 123 while Parliament was not in session, ahead of the Monsoon Session.
- Article 123(2) provides that an ordinance ceases to operate at the expiration of six weeks from the reassembly of Parliament unless disapproved earlier by resolution of both Houses, or replaced by an Act.
- A statutory resolution disapproving an ordinance is a distinct parliamentary procedure — separate from a no-confidence motion — through which either House can vote to end an ordinance's operation before the six-week period lapses.
The Bill taken up in the Lok Sabha is precisely this required parliamentary follow-up — converting the May 2026 ordinance into a permanent Act before the six-week constitutional deadline runs out, while the statutory resolution offers the alternative route of disapproving it instead.
Judicial appointments — the Collegium system
Any increase in the Supreme Court's sanctioned strength creates new vacancies that must be filled through the existing judicial appointments process, which in India is conducted through the Collegium system rather than by the Executive alone.
Key Details
- The Collegium comprises the Chief Justice of India and the four senior-most judges of the Supreme Court, a mechanism established through the Second Judges Case (1993) and clarified in the Third Judges Case (1998) via a Presidential Reference under Article 143.
- Appointments are formally made by the President under Article 124(2), on the Collegium's binding recommendation.
- Expanding sanctioned strength (as with the 2026 increase) is distinct from actually filling those seats — vacancies persist until the Collegium recommends and the government notifies appointments.
The 2026 increase to 38 judges sets the ceiling; the Collegium's subsequent recommendations will determine how quickly the expanded bench is actually staffed.
- Supreme Court (Number of Judges) Amendment Ordinance, 2026 promulgated under Article 123.
- Sanctioned strength (excluding CJI): raised from 33 to 37; total strength (including CJI): raised from 34 to 38.
- History of total strength: 8 (1956) → 14 (1960) → 18 (1977) → 26 (1986) → 31 (2009) → 34 (2019) → 38 (2026).
- Bill introduced in the Lok Sabha: July 20, 2026; taken up for passage during the Monsoon Session.
- Article 123(2): an ordinance lapses six weeks after Parliament reassembles unless approved or replaced by an Act.
- Collegium composition: CJI + 4 senior-most Supreme Court judges (per the Second and Third Judges Cases).