"Lok Sabha passes Bill raising Supreme Court judge strength to 38"
Sanctioned Strength
the maximum number of judges Parliament authorises a court to have at any time
Judicial Pendency
the accumulation of undecided cases in a court due to institution exceeding disposal
The strength of the Supreme Court of India has been governed by statute rather than the Constitution itself. Article 124(1) of the Constitution originally provided for a Chief Justice of India and such other judges as Parliament may by law determine — meaning the numerical ceiling is entirely a legislative prerogative. The Supreme Court (Number of Judges) Act, 1956 was the original statute that fixed the sanctioned strength, and it has been amended periodically as the court's workload expanded. The strength was raised from the original 8 (including the CJI) to 14 in 1960, to 18 in 1977, to 26 in 1986, and most recently to 34 in 2019. Each enhancement has been a legislative response to the growing volume of litigation and the persistent gap between case institution and disposal.
The independence of the judiciary — including the security of tenure and the insulation of judicial appointments from political considerations — is a foundational constitutional value. As the NCERT framework notes, the Constitution ensures judicial independence through fixed tenure, a difficult removal procedure, and a separation of the appointment process from the legislature. However, structural independence is distinct from institutional capacity: a court that is formally independent but chronically understaffed cannot deliver timely justice, which is itself a constitutional guarantee under Article 21 (right to life and personal liberty, interpreted to include the right to speedy trial).
The Supreme Court (Number of Judges) Amendment Bill, 2026 raises the sanctioned strength of the Supreme Court from 34 to 38 judges, including the Chief Justice of India. The legislative route — amending the 1956 Act — is the constitutionally prescribed mechanism for such changes. Notably, in this instance the government first issued an ordinance under Article 123 (executive power to promulgate ordinances when Parliament is not in session) to give immediate effect to the enhanced strength, enabling the appointment of five new judges before the Bill was placed before Parliament. The Bill's passage by the Lok Sabha converts the ordinance into permanent law, as required by Article 123(2), which mandates that an ordinance must be laid before Parliament and ceases to operate six weeks after the reassembly of Parliament unless approved.
The rationale articulated in the Bill is the persistent and widening gap between case institution and disposal. As of the beginning of this year, 92,101 cases were pending in the Supreme Court. …
With reference to Indian judiciary, consider the following statements:
1.Any retired judge of the Supreme Court of India can be called back to sit and act as a Supreme Court judge by the Chief Justice of India with prior permission of the President of India.
2.In India, any High Court has the power to review its own judgement as the Supreme Court does.
Which of the statements given above is/are correct?
Rajya Sabha has equal powers with Lok Sabha in
With reference to the Supreme Court (Number of Judges) Amendment Bill, 2026, consider the following statements:
1.It raises the sanctioned strength of the Supreme Court to 38 judges, including the Chief Justice of India.
2.The numerical ceiling on Supreme Court judges is fixed directly by the Constitution under Article 124.
3.Prior to the Bill's passage, the government had issued an ordinance under Article 123 to give immediate effect to the enhanced strength.
Which of the statements given above is/are correct?
Consider the following statements regarding the collegium system for judicial appointments in India:
1.The collegium system was established by the Supreme Court through judicial interpretation, not by a constitutional amendment.
2.The National Judicial Appointments Commission was struck down because it was held to violate the basic structure of the Constitution.
3.The collegium for Supreme Court appointments comprises the Chief Justice of India and the three most senior judges of the Supreme Court.
Which of the statements given above is/are correct?
An ordinance promulgated by the President under Article 123 of the Constitution ceases to operate if:
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