With ordinance, SC judge strength up from 33 to 37, Pg1

Key Highlights:

• President Droupadi Murmu has promulgated an ordinance to increase the number of Supreme Court judges from 33 to 37, excluding the Chief Justice of India.
• The Supreme Court (Number of Judges) Amendment Ordinance, 2026 was issued under Article 123 of the Constitution.
• The total sanctioned judicial strength, including the CJI, will now rise from 34 to 38.
• The ordinance amends Section 2 of the Supreme Court (Number of Judges) Act, 1956.
• This move aims to address the backlog of over 93,000 cases in the Supreme Court.

Detailed Insights:

• The ordinance was promulgated as Parliament is not in session, and the President deemed immediate action necessary.
• The ordinance will be presented in both Houses of Parliament and will lapse if not approved within six weeks of reassembly.
• The Union Cabinet approved the proposal to increase the number of judges nearly two weeks prior to the ordinance.
• The last amendment to the Supreme Court (Number of Judges) Act, 1956 occurred in 2019, increasing the strength from 30 to 33 (excluding the CJI).
• There are currently two judicial vacancies due to the retirements of Justice B.R. Gavai in November 2025 and Justice Rajesh Bindal in April 2026.
• Three more judges are scheduled to retire in 2026: Justices J.K. Maheshwari and Pankaj Mithal in June, and Justice Sanjay Karol in August.
• Article 124(1) of the Constitution initially envisioned a Supreme Court with the CJI and no more than seven judges, until Parliament legislated otherwise.
• The increase in judge strength is intended to alleviate the continuing crisis of case pendency, exacerbated by the rise in e-filing after the COVID-19 pandemic.

Key Concepts Involved:

• Ordinance: A law promulgated by the President of India when Parliament is not in session, having the same force and effect as an Act of Parliament.
• Article 123: Grants the President the power to promulgate ordinances during parliamentary recess.
• Judicial Strength: The total number of judges sanctioned to serve on a court, including permanent and additional judges.