"Parliament raises Supreme Court judge strength from 34 to 38"
Constitution Bench
a Supreme Court bench of at least five judges, mandated by Article 145(3) for substantial constitutional questions.
Sanctioned strength
the maximum number of judges Parliament has authorised for the Supreme Court by law.
The Supreme Court of India was established under Part V, Chapter IV of the Constitution, with Article 124 providing for its composition. The original Constitution envisaged a court of a Chief Justice and seven other judges — a total of eight — with Parliament empowered to increase this number by law. This design reflected the framers' expectation that the court would function primarily as a constitutional tribunal, with a relatively contained docket. The independence of the judiciary, secured through fixed tenure, a constitutionally prescribed removal procedure, and insulation from legislative appointment processes, was intended to allow judges to function without fear or favour — a principle the NCERT frames as foundational to the separation of powers.
Over the decades, as India's population, litigation culture, and legal complexity grew, Parliament progressively expanded the sanctioned strength: from 8 in 1950 to 11 in 1956, 14 in 1960, 18 in 1978, 26 in 1986, 31 in 2009, and 34 in 2019. Each expansion was a legislative response to mounting workload, yet — as the Law Commission of India observed in its review of 2009 — none of these increases, by themselves, produced a sustained reduction in the pending caseload. This historical pattern is critical context for evaluating the current amendment.
The Supreme Court (Number of Judges) Amendment Bill, 2026 raises the sanctioned strength from 34 to 38 judges (including the Chief Justice of India). The increase was first given effect through an Ordinance (operative from May 16, 2026) and the Bill now replaces that Ordinance. The stated rationale in the Bill's Statement of Objects and Reasons is twofold: addressing the general backlog and, more specifically, enabling the Chief Justice — who functions as the master of the roster — to constitute Constitution Benches on a regular, sustained basis.
Article 145(3) of the Constitution mandates that no fewer than five judges may decide a case involving a 'substantial question of law' as to the interpretation of the Constitution, or a Presidential reference under Article 143. This five-judge minimum is the threshold for a Constitution Bench. Larger benches of seven, nine, or more judges are convened to resolve conflicts between earlier rulings, reconsider binding precedents, or answer questions referred for authoritative determination. The structural problem is that judges assigned to these larger benches are drawn from the same pool that must simultaneously staff the two- and three-judge benches handling the court's daily docket of civil and criminal appeals, Special Leave Petitions (SLPs), writ petitions, and other matters. …
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?
In India, Judicial Review implies
With reference to the Constitution of India, consider the following statements:
1.No High Court shall have the jurisdiction to declare any central law to be constitutionally invalid.
2.An amendment to the Constitution of India cannot be called into question by the Supreme Court of India.
Which of the statements given above is/are correct?
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 from 34 to 38, including the Chief Justice of India.
2.The increase in sanctioned strength was first given effect through an Ordinance before the Bill was passed.
3.The Bill was classified as a Money Bill in Parliament.
Which of the statements given above is/are correct?
Under Article 145(3) of the Constitution of India, a Constitution Bench is required when the Supreme Court decides a case involving:
1.A substantial question of law as to the interpretation of the Constitution
2.A reference made by the President under Article 143
3.Any Special Leave Petition filed under Article 136
Which of the statements given above is/are correct?
Which of the following Law Commission Reports first proposed the creation of a separate Constitutional Division within the Supreme Court of India?
Consider the following statements regarding judicial pendency in the Supreme Court of India:
1.The Law Commission observed in 2009 that earlier increases in the Supreme Court's sanctioned strength had not, by themselves, reduced the pending caseload.
2.The Chief Justice of India, as master of the roster, has exclusive power to constitute benches and assign cases.
3.A seven-judge bench of the Supreme Court can be constituted only with the prior approval of the President of India.
Which of the statements given above is/are correct?
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