Centre Moves to Replace Earlier Ordinance
The Central government on Monday introduced the Supreme Court (Number of Judges) Amendment Bill, 2026 in the Lok Sabha, proposing to formally increase the sanctioned strength of Supreme Court judges from 33 to 37, excluding the Chief Justice of India (CJI). The legislation was tabled by Union Law Minister Arjun Ram Meghwal during the opening day of the Monsoon Session.
The proposed law seeks to replace the ordinance promulgated earlier this year, making the increase in the number of judges a permanent statutory provision.
Bill Introduced Amid Opposition Protests
The introduction of the Bill took place amid continuous protests by Opposition members, who raised slogans over issues including the alleged NEET-UG paper leak and the alleged Ram Mandir donation embezzlement case.
Despite the disruptions, the government proceeded with the legislative business. The House was later adjourned until 12:30 pm, with the suspension of proceedings subsequently extended until 2 pm.
What the Amendment Proposes
If passed by Parliament, the Bill will raise the sanctioned strength of Supreme Court judges from 33 to 37, excluding the Chief Justice of India. Including the CJI, the apex court’s total sanctioned capacity will increase from 34 to 38 judges.
The move is intended to strengthen the judiciary’s capacity to handle its growing caseload and improve the pace of disposal of pending cases.
At present, the Supreme Court is functioning with 32 judges, including the Chief Justice of India, leaving several sanctioned posts vacant even under the existing limit.
Bill Converts Ordinance Into Permanent Law
The amendment does not introduce a fresh policy but seeks to replace the ordinance issued by the President earlier this year. Under the Constitution, ordinances must be approved by Parliament within the prescribed period to remain in force.
Once enacted, the Bill will permanently incorporate the increased judicial strength into the Supreme Court (Number of Judges) Act, 1956.
No Constitutional Amendment Required
The proposed legislation does not require a constitutional amendment. Article 124 of the Constitution empowers Parliament to determine the number of Supreme Court judges through ordinary legislation.
As a result, the Bill only requires approval by a simple majority in both Houses of Parliament rather than the special majority needed for constitutional amendments.
Supreme Court’s Strength Has Increased Over the Years
The sanctioned strength of the Supreme Court has been revised several times to meet the country’s growing judicial requirements.
- 1956: 10 judges (excluding the CJI)
- 1960: 13 judges
- 1977: 17 judges
- 1986: 25 judges
- 2008: 30 judges
- 2019: 33 judges
- 2026 (Proposed): 37 judges
The latest proposal marks another expansion of the apex court’s judicial capacity as the government seeks to address increasing litigation and reduce the burden of pending cases.
