Ordinance issued to increase number of Supreme Court judges by 4

An ordinance was promulgated on May 17, 2026, amending the Supreme Court (Number of Judges) Act, 1956, to increase the sanctioned strength of the apex court ...

What Happened

An ordinance was promulgated on May 17, 2026, amending the Supreme Court (Number of Judges) Act, 1956, to increase the sanctioned strength of the apex court from 34 to 38 judges, including the Chief Justice of India.
The Union Cabinet had approved the proposal on May 5, 2026; the ordinance route was used because Parliament was not in session.
A formal bill will be introduced during the Monsoon Session to convert the ordinance into permanent legislation.
The apex court currently has two existing vacancies; the increase of four sanctioned posts will allow up to six new appointments.
The change is intended to address the severe backlog of cases pending before the Supreme Court, which crossed 92,000 pending cases as of January 2026 — a record high.

Static Topic Bridges

Ordinance-Making Power (Article 123)

The President of India has the power to promulgate ordinances when Parliament is not in session, provided the President is satisfied that circumstances exist requiring immediate action. An ordinance has the same force and effect as an Act of Parliament.

An ordinance must be laid before both Houses of Parliament within six weeks of reassembly.
It ceases to operate if not approved by Parliament within that period, or if Parliament passes a resolution disapproving it.
An ordinance cannot be used to amend the Constitution or to create new courts, but it can amend ordinary legislation such as the Supreme Court (Number of Judges) Act, 1956.
The ordinance-making power is a deliberate constitutional mechanism for emergent legislative action; it is not a substitute for Parliament.

Connection to this news: Since Parliament was not in session, the ordinance route was chosen to immediately operationalise the increase in judicial strength, with a bill to follow in the Monsoon Session for permanent enactment.

Supreme Court (Number of Judges) Act, 1956 — Historical Timeline

The original Constitution (Article 124) fixed the Supreme Court's strength at one Chief Justice and not more than seven other judges. Parliament was empowered to increase this by law. The Act of 1956 has been amended multiple times as judicial workload grew.

1950: Initial constitutional strength — 8 judges (1 CJI + 7 puisne judges).
1956: Supreme Court (Number of Judges) Act enacted; strength increased to 11.
1960: Increased to 14.
1977: Increased to 18.
1986: Increased to 26.
2009: Increased to 31.
2019: Increased to 34 (including CJI).
2026: Ordinance increases to 38 (including CJI) — seventh such increase.

Connection to this news: The 2026 ordinance represents the seventh enhancement of Supreme Court strength since independence, each driven by rising litigation loads and the need for adequate judicial capacity.

Judicial Pendency Crisis in India

India's courts face a structural backlog crisis across all tiers. The National Judicial Data Grid (NJDG) is the official real-time database tracking pending cases.

Supreme Court: Over 92,000 pending cases as of January 2026 (record high); 25 Constitution Bench matters pending.
High Courts and District Courts: Over 5.58 crore cases pending across India as of early 2026; 85%+ pending at district court level.
Cases pending for more than 30 years: Over 1.8 lakh across High Courts and district courts.
Uttar Pradesh alone accounts for over 1.13 crore pending district court cases.
Root causes include judge-to-population ratio well below global norms, inadequate physical infrastructure, and high litigation rates.

Connection to this news: The increase in Supreme Court strength is a direct institutional response to this crisis, though critics note that filling existing vacancies and improving case management systems are equally necessary.

Collegium System for Judicial Appointments

The process for appointing Supreme Court judges — critical to how the four new posts will be filled — is governed by the collegium system established through a series of landmark constitutional cases.

First Judges Case (S.P. Gupta v. Union of India, 1981): Held that "consultation" with the CJI does not mean "concurrence"; gave primacy to the executive.
Second Judges Case (Supreme Court Advocates-on-Record Association v. Union of India, 1993): Nine-judge bench overruled the 1981 decision; established the collegium; gave primacy to the CJI consulting the two senior-most Supreme Court judges.
Third Judges Case (Presidential Reference, 1998): Expanded the collegium to the CJI and the four senior-most judges of the Supreme Court; provided detailed guidelines for collegium functioning.
The National Judicial Appointments Commission (NJAC), established by the 99th Constitutional Amendment (2014), was struck down by the Supreme Court in 2015 as unconstitutional.

Connection to this news: All four new judicial vacancies will be filled through the collegium process — recommendations by the CJI and four senior-most judges, forwarded to the executive for appointment.

Comparative Judicial Strength

India's apex court bench size stands out globally when compared to other major jurisdictions.

United Kingdom Supreme Court: 12 justices.
United States Supreme Court: 9 justices.
Germany's Federal Constitutional Court: 16 justices (two senates of 8).
Canada Supreme Court: 9 justices.
India (post-ordinance): 38 judges — the largest sanctioned strength of any apex court globally.

Connection to this news: The scale of India's apex court reflects the country's enormous litigation load and federal complexity, which no other democracy replicates at the same scale.

Key Facts & Data

Sanctioned strength before ordinance: 34 (including CJI).
Sanctioned strength after ordinance: 38 (including CJI).
Net increase: 4 judges.
Existing vacancies before ordinance: 2.
Union Cabinet approval date: May 5, 2026.
Ordinance notification date: May 17, 2026.
Governing legislation amended: Supreme Court (Number of Judges) Act, 1956.
Constitutional authority for ordinance: Article 123.
Supreme Court pending cases (January 2026): ~92,828.
Total court pendency across India (early 2026): Over 5.58 crore cases.
This is the seventh time Parliament/executive has increased Supreme Court strength since 1950.