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हिन्दी — Read in HindiAppointments, transfers and accountability of judges
Who becomes a judge and how judges are answerable: the size of the courts, the collegium, transfers, and inquiries and removal.
All 4 articles shown; the 2 that changed from 1 to 31 August 2026 are marked.Show only these
Strength of the Supreme Court
Copy link to Strength of the Supreme CourtPrelims and Mains
LeadThe Supreme Court's strength raised by ordinanceJune 2026
Why in news
On 2 June 2026 five new judges took the oath, taking the Supreme Court to a working strength of 37. An ordinance of 16 May 2026 had raised the Court's sanctioned strength from 34 to 38, and three of the five sit in posts it created.
Background
- Article 124(1) lets Parliament fix by law the number of judges besides the Chief Justice of India.
- Parliament does this through the Supreme Court (Number of Judges) Act, 1956. The number was last raised in 2019, from 30 to 33 besides the Chief Justice.
- Every earlier increase came through an amending Act. This one came through an ordinance under Article 123.
- Judges are appointed by the President under Article 124(2), on the recommendation of the collegium.
The ordinance question
- An ordinance has the force of an Act, but it lapses six weeks after Parliament reassembles unless Parliament replaces it.
- So judges were sworn into seats that would vanish if the ordinance lapsed.
- The Cabinet had already approved a Bill, which raises the question of why an ordinance was needed.
- Critics see a risk to judicial independence: the Union is the largest litigant before the Court, and a judge's seat should not depend on the executive getting a law passed.
- Supporters answer that every appointment went through the collegium, and that Parliament was certain to approve.
Pendency as the reason
- More than 92,000 cases were pending in the Supreme Court when the ordinance was made.
- More judges allow more benches to sit at once, including Constitution Benches.
- But numbers alone do not address the Court's wide appellate docket or the way cases are listed.
Cases to cite
- D.C. Wadhwa v. State of Bihar (1987): repeated repromulgation of ordinances is a fraud on the Constitution.
- Krishna Kumar Singh v. State of Bihar (2017): ordinance making is subject to judicial review; laying before the legislature is mandatory.
- Supreme Court Advocates on Record Association v. Union of India (2015): struck down the National Judicial Appointments Commission to protect judicial primacy in appointments.
The way forward
- Fix the strength of the Court by Act and not ordinance, since no urgency prevents Parliament from legislating.
- Pair more judges with reform of the docket: fewer routine appeals, and regular Constitution Benches.
- Fill vacancies promptly, since sanctioned posts mean little when left empty.
Prelims facts
- Strength of the Supreme Court: 38, including the Chief Justice of India.
- It is fixed by Parliament by law under Article 124(1); no constitutional amendment is needed.
- An ordinance lapses six weeks after Parliament reassembles.
- The collegium system comes from the Second and Third Judges cases.
Article 124(1) lets Parliament fix by law the number of judges besides the Chief Justice of India.
What changed
11 Aug 2026newly added
- Parliament passed the Supreme Court (Number of Judges) Amendment Bill, 2026, and with the President's assent on 11 August it became Act No. 14 of 2026, replacing the ordinance.
- The Act raises the strength to 38 including the Chief Justice, saves what was done under the ordinance and applies from 16 May 2026.
Gazette of India, 11 Aug 2026: The Supreme Court (Number of Judges) Amendment Act, 2026 (Act No. 14 of 2026), text via LiveLaw (opens in a new tab) · The Hindu, 5 Aug 2026: Rajya Sabha clears Bill to increase number of Supreme Court judges (opens in a new tab) · The Hindu, 4 Aug 2026: Why has Parliament increased the number of Supreme Court judges? | Explained (opens in a new tab)
Show history (1 other update)
2 Jun 2026LeadThe Supreme Court's strength raised by ordinance
The inquiry report on Justice Yashwant Varma
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A judge of a High Court or the Supreme Court can be removed only by an order of the President after an address by both Houses of Parliament, on proved misbehaviour or incapacity, under Articles 124(4) and 217.
What changed
12 Aug 2026Briefnewly addedThe three member committee under the Judges (Inquiry) Act, 1968 found all three charges proved against Justice Yashwant Varma, including unexplained cash at his official residence. Its report was placed in Parliament on 12 August 2026. He has resigned, so the removal process has no one to remove; The Hindu noted the resignation had not been formally notified. The Hindu, 12 Aug 2026: Cash discovery case: Charges against Justice Yashwant Varma "proved", says Lok Sabha panel (opens in a new tab) · The Hindu, 13 Aug 2026: Justice Yashwant Varma inquiry: what the panel found and what happens next | Explained (opens in a new tab) · ThePrint, 12 Aug 2026: Cash at home: all charges against Justice Yashwant Varma proved, says report placed in LS (opens in a new tab)
The textbook chapter on the judiciary
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The Supreme Court took up on its own a chapter on corruption in the judiciary in a Class 8 textbook of the National Council of Educational Research and Training (NCERT).
What changed
9 Sep 2026Briefnewly addedClosing the case on 9 September 2026, the Court said constructive criticism of courts is essential in a democracy. It held that unverified criticism does not belong in school curricula. LiveLaw, 9 Sep 2026: In re Social Science Textbook for Grade 8 (Part 2) published by NCERT, 2026 LiveLaw (SC) 920 (opens in a new tab)
Appointment of judges to the higher judiciary
Copy link to Appointment of judges to the higher judiciaryPrelims and Mains
Judges of the Supreme Court are appointed under Article 124(2) and judges of the High Courts under Article 217, on the recommendation of the collegium of the Chief Justice of India and the senior judges.
- The collegium system comes from the Second Judges case (1993) and the Third Judges case (1998); the executive appoints under a Memorandum of Procedure.
- The National Judicial Appointments Commission was struck down in 2015.
- Parliament fixes the Supreme Court's strength, and an Act of August 2026 raised it to 37 judges besides the Chief Justice.
What changed
28 Sep 2026Newnewly added
- The Chief Justice agreed to list a 2018 petition seeking a fixed timeline for the Union to act on collegium recommendations.
- In Indrakala Joginder Nanda v. High Court of Bombay, the Court declined to revisit the rule that family court judges are not eligible for elevation to a High Court under Article 217.
- On 28 September 2026 the collegium recommended three High Court Chief Justices for the Supreme Court; Justice Sunita Agarwal would be the second woman proposed in 2026.
Mains: The open questions are time: how long the Union may sit on a recommendation, and whether a court can set it a deadline.
The Hindu, 28 Sep 2026: Supreme Court Collegium proposes second woman as apex court judge in 2026 (opens in a new tab) · LiveLaw, 8 Sep 2026: Supreme Court agrees to list plea to fix timeline for Centre to act on collegium recommendations (opens in a new tab) · LiveLaw, 13 Sep 2026: Supreme Court weekly round up, September 7 to September 13, 2026 (opens in a new tab)