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Supreme Court judges increased from 33 to 37: The Supreme Court (Number of Judges) Amendment Bill, 2026

6 August 2026 2 min read 19 PIB
Why in news

On 5 August 2026, Parliament passed the Supreme Court (Number of Judges) Amendment Bill, 2026, raising the sanctioned strength of Supreme Court judges from 33 to 37 (excluding the CJI). Including the CJI, total strength rises from 34 to 38.

At a glance

Why in news

Rajya Sabha passed the Bill on 5 Aug 2026; Lok Sabha on 3 Aug 2026.

What changed

Judges (excl. CJI) increased from 33 to 37. Total strength is now 38.

Law amended

Supreme Court (Number of Judges) Act, 1956.

Objective

Improve judicial efficiency and reduce pendency of cases.

Timeline

1956
10
11 incl. CJI
1960
13
14 incl. CJI
1977
17
18 incl. CJI
1986
25
26 incl. CJI
2009
30
31 incl. CJI
2019
33
34 incl. CJI
2026
37
38 incl. CJI

Background

The strength of the Supreme Court of India is fixed by ordinary statute — the Supreme Court (Number of Judges) Act, 1956 — and not by the Constitution itself. Parliament can therefore raise or lower the sanctioned number of judges by an ordinary amendment, without invoking the special-majority route under Article 368. The number has been revised several times as the Court's pendency has grown.

Current Developments

  • Judges excluding the Chief Justice of India rise from 33 to 37; the total strength (including the CJI) becomes 38.
  • The government's stated rationale is to improve judicial efficiency and reduce pendency in the Supreme Court.
  • The measure was first introduced via an Ordinance (16 May 2026) and then converted into a Bill passed by both Houses.
  • Because the number of judges is set by statute, this is an ordinary Bill — no special majority under Article 368 was required.

Constitutional and Legal Basis

Article 124 establishes the Supreme Court and empowers Parliament to prescribe a larger number of judges by law. The 1956 Act is that law. The Ordinance route under Article 123 was used for the interim measure, later replaced by the Bill and Presidential assent under Article 111.

UPSC Relevance

For Prelims, remember the statutory (not constitutional) basis of the Court's strength and the ordinary-Bill route. For Mains (GS-II), this connects to judicial efficiency, pendency, and the wider debate on judicial appointments — while noting that this amendment changes only the number of judges, not the Collegium-based method of appointment.

Constitutional provisions

Article 124

Establishment and constitution of the Supreme Court.

Article 125

Salaries and allowances of judges.

Article 126

Appointment of an acting Chief Justice.

Article 127

Ad hoc judges of the Supreme Court.

Article 128

Attendance of retired judges at sittings.

Article 129

Supreme Court as a court of record.

Article 111

Presidential assent to Bills.

Article 123

Promulgation and replacement of Ordinances.

Relevant Acts & Judgments

Acts
SC (Number of Judges) Act, 1956
The statute being amended.
SC (Number of Judges) Amendment Act, 2026
Replaces the Ordinance.
Judgments
S.P. Gupta v. Union of India (1981)
First Judges Case.
SC AoR Assn. v. Union of India (1993)
Second Judges Case — Collegium introduced.
Third Judges Case (1998)
Advisory opinion refining the Collegium.
SC AoR Assn. v. Union of India (2015)
NJAC Case — 99th Amendment & NJAC Act struck down.
Key distinction: This amendment changes the number of judges; it does not change the method of appointment, which continues under the Collegium system.
GS-IIPolityJudiciaryArticle 124Collegium

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