EXPANDING THE COURT, AVOIDING A LARGER DEBATE

The government cites growing caseloads to raise the number of SC judges through an Ordinance, but only deeper judicial reforms can preserve institutional coherence and constitutional integrity

- KAPIL SIBAL

NDER Article 124(1) of the Constitution, Parliament has the authority, through legislation—which does not require a constitutional amendment—to increase, from time to time, the number of judges in the Supreme Court of India.

Article 123(1) of the Constitution empowers the President of India, if both Houses of Parliament are not in session, to promulgate an Ordinance. Article 123(2) stipulates that an Ordinance promulgated under this article shall have the same force and effect as an Act of Parliament, but every such Ordinance is required to be ratified within six weeks of Parliament being in session. It will cease to operate at the expiration of the said period, or if before the expiration of that period, resolutions disapproving it are passed by both Houses. Ordinances are ordinarily issued in emergent situations.

In accordance with the constitutional provisions referred above, the President issued the Supreme Court (Number of Judges) Amendment Ordinance, 2026, which was notified on May 16, 2026, as the Parliament was not in session. By virtue of this Ordinance, the strength of the judges of the Supreme Court, currently 33 excluding the Chief Justice of India, is sought to be increased to 37.

The Supreme Court’s strength has increased over time since 1950. In that year, there were only 7 judges, excluding the Chief Justice. In 1986, through an amendment to the Supreme Court (Number of Judges) Act, 1956, the strength of judges was increased to 26. The strength was further increased to 30 in 2008, 33 in 2019 and to 37 now in 2026, excluding the Chief Justice of India.