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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.
Showing 1 of 3 articles, those that changed from 1 to 30 June 2026.Show all
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
2 Jun 2026LeadThe Supreme Court's strength raised by ordinance
Show history (1 other update)
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)