Bill to Raise Supreme Court Judges’ Strength to 38

Context

About the Bill

What It Does

• Amends Section 2 of the Supreme Court (Number of Judges) Act, 1956 — substituting “thirty-three” with “thirty-seven” (judges excluding the CJI).
• Total sanctioned strength thus rises from 34 → 38 (including CJI); an increase of four judges.
• Replaces the Supreme Court (Number of Judges) Amendment Ordinance, 2026, promulgated by President Droupadi Murmu in May 2026 (while Parliament was not in session); four judges were already appointed against the enhanced strength.
• Retains the existing collegium-based appointment system — no change to how judges are appointed.
• Does not require a constitutional amendment (passed by simple majority).

Constitutional & Historical Background

• Article 124(1): The Supreme Court originally comprised a CJI + 7 judges; empowers Parliament to increase the number by law.
• Growth of strength: 8 (1950) → 11 (1956) → 14 (1960) → 18 (1977/78) → 26 (1986) → 31 (2009) → 34 (2019) → 38 (2026).
• Last increase: 2019 (30→33 excluding CJI), following a request by then-CJI Ranjan Gogoi.
• Contrast — High Courts: Under Article 216, the President can vary HC judge strength by executive order; the SC’s strength needs an Act of Parliament.

Practice MCQs

Q1. With reference to the number of judges in the Supreme Court of India, consider the following statements:

1. Article 124 empowers Parliament to increase the number of Supreme Court judges by law.
2. The Supreme Court (Number of Judges) Amendment Bill, 2026 raises the sanctioned strength to 38, including the Chief Justice of India.
3. The strength of the Supreme Court can be increased by the President through an executive order, similar to High Courts.
4. The Bill retains the existing collegium system for appointment of judges.

How many of the above statements are correct? (a) Only one (b) Only two (c) Only three (d) All four (e) None

Q2. With reference to the Supreme Court (Number of Judges) Amendment Bill, 2026, consider the following statements:

1. It replaces an ordinance promulgated in May 2026.
2. It amends the Supreme Court (Number of Judges) Act, 1956.
3. The last increase in the Supreme Court’s strength before this was carried out in 2019.
4. The Bill requires a constitutional amendment to be passed.

How many of the above statements are correct? (a) Only one (b) Only two (c) Only three (d) All four (e) None

Answer Key

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1. (c) — Statement 3 wrong: SC strength needs an Act of Parliament, not a presidential order.
2. (c) — Statement 4 wrong: no constitutional amendment required; it amends the 1956 Act.