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Supreme Court Judges’ Strength Raised to 38 by Ordinance

21 May 20262 min read
NATIONAL AFFAIRSSupreme CourtJudges’ StrengthRaised to 38 byOrdinance21 May 2026safalsetu.com

Why in the news

With Parliament not sitting, the President issued an ordinance to enlarge the Supreme Court. The government cited the huge backlog of over 80,000 cases and the growing complexity of constitutional, commercial, criminal and tax disputes.

Key facts

  • Instrument: Supreme Court (Number of Judges) Amendment Ordinance, 2026.
  • Sanctioned judges rise from 33 to 37, not counting the CJI.
  • Total strength moves from 34 to 38 (1 CJI plus 37).
  • Power used: Article 123 (President’s ordinance power).
  • Aim: more benches, including for specialised matters.

Growth of Supreme Court strength

YearTotal strength (with CJI)
19508 (Constitution)
195611
196014
1977-7818
198626
200931
201934 (Amendment Act, 2019)
202638 (Ordinance)

About ordinances

  • A temporary law issued by the executive head when the legislature is not sitting: Article 123 for the President, Article 213 for a Governor.
  • Conditions: legislature not in session (or a House prorogued), need for immediate action, and advice from the Council of Ministers.
  • Same force as an Act; limited to Union or Concurrent List subjects (State and Concurrent for Governors); can be retrospective and can amend or repeal Acts or other ordinances.
  • It cannot amend the Constitution; that needs Article 368.
  • Must be laid before Parliament; it ceases six weeks after reassembly unless passed, or earlier if both Houses disapprove. The President may withdraw it anytime. Maximum life about 7.5 months.
AspectArticle 123Article 213
Issued byPresident (Union)Governor (State)
Advice fromUnion Council of MinistersState Council of Ministers
SubjectsUnion and Concurrent ListsState and Concurrent Lists
Special ruleNoneSome matters need the President’s prior instructions

Judicial limits

  • D.C. Wadhwa v. State of Bihar (1987): Bihar issued 256 ordinances in 1967-81, many re-promulgated for up to 14 years; the Court called this a fraud on the Constitution.
  • Krishna Kumar Singh v. State of Bihar (2017): a seven-member Constitution Bench held re-promulgation unconstitutional and not laying an ordinance before the legislature an abuse of power.

Background: the Supreme Court

  • Article 124(1): a CJI plus other judges up to the number Parliament fixes; originally 8 (1 CJI and 7).
  • Article 124(2): the President appoints after consulting the CJI and other judges; the Collegium (CJI and four senior-most judges) evolved from the Second (1993) and Third (1998) Judges Cases.
  • Article 124(3): Indian citizen who was a High Court judge for 5 years, a High Court advocate for 10 years, or a distinguished jurist in the President’s view.

Concerns

  • Bypasses parliamentary debate and weakens separation of powers.
  • Judge numbers were historically raised by Acts of Parliament, so the route sets a procedural precedent.
  • Judge strength alone does not fix delays; infrastructure, case management and alternative dispute resolution matter too.

Exam angle

  • Articles: 123 (President), 213 (Governor), 124 (SC composition), 368 (amendment).
  • The ordinance must become an Act once Parliament meets.
  • Numbers: 33 to 37 judges; 34 to 38 total.

Test yourself

1. The Supreme Court (Number of Judges) Amendment Ordinance, 2026 raises the sanctioned judges, excluding the CJI, from 33 to what number?

Sanctioned judges rise to 37; with the CJI the total becomes 38.

2. Under which Article of the Constitution does the President promulgate ordinances at the Union level?

Article 123 gives the President ordinance power; Article 213 is for Governors.

3. After Parliament reassembles, an ordinance ceases to operate unless approved within how long?

An ordinance lapses six weeks after reassembly unless Parliament approves it.