Parliament clears Bill to increase number of judges in Supreme Court
Parliament cleared the Supreme Court (Number of Judges) Amendment Bill, 2026, raising the sanctioned strength of Supreme Court judges (excluding the Chief Justice of India) from 33 to 37, taking the total sanctioned strength (including the CJI) to 38.
The Bill replaces the Supreme Court (Number of Judges) Amendment Ordinance, 2026, which had been issued earlier in the year to enable the increase before Parliament could legislate.
Some Opposition members walked out of the House before the voting on the Bill; a Member of Parliament questioned whether the appointment of four additional judges alone would clear the backlog of pending cases in the Supreme Court.
Having been passed by both Houses, the Bill now awaits Presidential assent to take effect as law.
Article 124(1) and Parliament's power to fix SC strength
Article 124(1) of the Constitution states that the Supreme Court shall consist of the Chief Justice of India and, until Parliament by law prescribes a larger number, not more than a specified number of other judges. This makes the sanctioned strength of the Supreme Court a matter of ordinary legislation, not a rigid constitutional ceiling — Parliament can enlarge it by a simple law passed with an ordinary majority, unlike provisions requiring a constitutional amendment under Article 368.
Key Details
- The original Constitution (1950) provided for the CJI plus 7 other judges (total sanctioned strength: 8).
- Parliament has revised this figure by ordinary legislation multiple times: the Supreme Court (Number of Judges) Act, 1956 raised it to 10 judges plus CJI (total 11); further amendments raised it to 13+CJI (1960, total 14), 17+CJI (1977, total 18), 25+CJI (1986, total 26), 30+CJI (2009, total 31), and 33+CJI (2019, total 34).
- The 2026 amendment raises the number further to 37 judges plus the CJI (total sanctioned strength: 38).
The 2026 Bill is the latest in this recurring legislative pattern of using Article 124(1) to expand the Supreme Court's sanctioned strength through an ordinary law, most recently done in 2019 when the strength was raised to 34 (33+CJI).
Ordinances and Article 123
Because Parliament was not in session when the government decided to expand the Supreme Court's strength, the increase was first implemented through the Supreme Court (Number of Judges) Amendment Ordinance, 2026, issued under Article 123 of the Constitution, which empowers the President to promulgate ordinances when Parliament is not in session and immediate action is considered necessary.
Key Details
- An ordinance under Article 123 has the same force as an Act of Parliament but must be laid before both Houses when they reassemble and ceases to operate six weeks after Parliament reassembles unless replaced by a regular Act.
- The 2026 Bill formally replaces the ordinance route with a Parliament-passed law, converting the temporary measure into permanent legislation.
This is a textbook example of the ordinance-to-Act pathway — a mechanism frequently tested in Polity, distinguishing ordinances (temporary, executive-issued) from Acts (permanent, legislature-passed).
Rationale: pendency and Constitution Bench matters
The stated government rationale for the increase is enabling faster case disposal and better docket management, particularly for Constitution Bench matters — cases involving substantial questions of law on interpretation of the Constitution that, under Article 145(3), must be heard by a bench of at least five judges.
Key Details
- Constitution Benches require a minimum of five judges under Article 145(3) when a case involves a substantial question of law as to the interpretation of the Constitution.
- A larger sanctioned strength allows more benches to sit simultaneously, addressing both regular case pendency and Constitution Bench backlogs.
The Opposition's question in Parliament — whether adding judges alone can meaningfully reduce pendency — reflects a recurring policy debate on whether judicial strength expansion, infrastructure, and judge-to-case ratios are sufficient without complementary reforms (case management systems, vacancy filling, court automation).
- New sanctioned strength (excluding CJI): 37 judges (up from 33).
- Total sanctioned strength (including CJI): 38 judges (up from 34).
- The 2019 amendment had last raised the strength to 33 judges plus CJI (34 total).
- The Bill replaces the Supreme Court (Number of Judges) Amendment Ordinance, 2026.
- Constitution Bench minimum quorum: 5 judges, under Article 145(3).