Five new judges join SC following increase in sanctioned strength
The Supreme Court (Number of Judges) Amendment Ordinance, 2026 raises the SC's sanctioned strength from 33 to 37 (excluding CJI), a significant statutory change with implications for judicial capacity and pendency. This tests knowledge of the constitutional framework for judicial appointments, ordinance-making power, and judicial reforms. It is also relevant to GS II themes of separation of powers, independence of judiciary, and access to justice.
Key facts
- SC sanctioned strength increased from 33 to 37 judges, excluding the Chief Justice of India.
- Change effected via the Supreme Court (Number of Judges) Amendment Ordinance, 2026 — an ordinance, not an Act of Parliament.
- Five new judges were appointed following the increase in sanctioned strength.
- The parent legislation being amended is the Supreme Court (Number of Judges) Act, 1956.
- India's Supreme Court is among the largest apex courts in the world by bench size after this expansion.
- SC bench strength was last increased from 31 to 34 (total including CJI) in 2019.
The appointments come shortly after the Centre increased the court’s sanctioned strength from 33 to 37 judges, excluding the Chief Justice of India (CJI), through the Supreme Court (Number of Judges) Amendment Ordinance, 2026.
Concepts to know
This Act empowers Parliament to prescribe the number of judges in the Supreme Court beyond the original constitutional provision. It has been amended periodically to increase bench strength as judicial workload grows.
Article 124 of the Constitution establishes the Supreme Court and provides for appointment of its judges by the President after consultation with such judges of the SC and HCs as deemed necessary; in practice, the collegium system (evolved through SCAORA cases) recommends appointments.
Article 123 grants the President the power to promulgate ordinances when Parliament is not in session; the Supreme Court (Number of Judges) Amendment Ordinance, 2026 was issued under this power.
A judge-led body comprising the CJI and the four most senior SC judges that recommends appointments and transfers of judges to the Supreme Court and High Courts; it has no explicit constitutional basis but was established through Supreme Court judgments (Second and Third Judges Cases).
The backlog of unresolved cases in Indian courts. India has over 5 crore pending cases; it is a key governance challenge addressed through tech-based reforms, fast-track courts, and Lok Adalats.
Under Article 123, the President can issue ordinances with the force of law when Parliament is not in session, but these must be laid before Parliament and cease to operate six weeks after reassembly unless approved — a significant executive legislative tool.
Linked previous-year questions
The UPSC questions this story connects to.
What is the provision to safeguard the autonomy of the Supreme Court of India? 1. While appointing the Supreme Court Judges, the President of India has to consult the Chief Justice of India. 2. The Supreme Court Judges can be removed by the Chief Justice of India only. 3. The salaries of the Judges are charged on the Consolidated Fund of India to which the legislature does not have to vote. 4. All appointments of officers and staff of the Supreme Court of India are made by the Government only after consulting the Chief Justice of India. Which of the statements given above is/are correct? (a) 1 and 3 only (b) 3 and 4 only (c) 4 only (d) 1, 2, 3 and 4
- a.1 and 3 only ✓
- b.3 and 4 only
- c.4 only
- d.1, 2, 3 and 4
Polity · UPSC 2012The power to increase the number of judges in the Supreme Court of India is vested in (a) The President of India (b) The Parliament (c) The Chief Justice of India (d) the Law Commission
- a.The President of India
- b.The Parliament ✓
- c.The Chief Justice of India
- d.the Law Commission
Polity · UPSC 2014Consider the following statements: 1. The highest criminal court of the district is the Court of District and Session Judge 2. The District Judges are appointed by the Governor in consultation with the High Courts. 3. A person to be eligible for appointment as a District Judge should be an advocate or a pleader of seven years' standing or more, or an officer in judicial service of the Union or the State. 4. When the sessions judge awards a death sentence, it must be confirmed by the High Court before it is carried out. Which of the statements given above are correct? (a) 1 and 2 (b) 2, 3 and 4 (c) 3 and 4 (d) 1, 2, 3 and 4
- a.1 and 2
- b.2, 3 and 4
- c.3 and 4
- d.1, 2, 3 and 4 ✓
Polity · UPSC 2004Consider the following statements with reference to India: 1. The Chief Election Commission and other Election Commissioners enjoy equal powers but receive unequal salaries 2. The Chief Election Commissioner is entitled to the same salary as is provided to a judge of the Supreme Court 3. The Chief Election Commissioner shall not be removed from his office except in like manner and on like grounds as a judge of the Supreme Court 4. The term of office of the Election Commissioner is five years from the date he assumes his office or till the day he attains the age of 62 years, whichever is earlier Which of these statements are correct? (a) 1 and 2 (b) 2 and 3 (c) 1 and 4 (d) 2 and 4
- a.1 and 2
- b.2 and 3 ✓
- c.1 and 4
- d.2 and 4
Polity · UPSC 2002With reference to Indian judiciary, consider the following statements: 1. Any retired judge of the Supreme Court of India can be called back to sit and act as a Supreme Court judge by the Chief Justice of India with prior permission of the President of India. 2. A High Court in India has the power to review its own judgement as the Supreme Court does. Which of the statements given above is/are correct? (a) 1 only (b) 2 only (c) Both 1 and 2 only (d) Neither 1 nor 2
- a.1 only ✓
- b.2 only
- c.Both 1 and 2 only
- d.Neither 1 nor 2
Polity · UPSC 2021Consider the following statements regarding the High Courts in India: 1. There are eighteen High Courts in the country. 2. Three of them have jurisdiction over more than one state. 3. No Union Territory has a High Court of its own. 4. Judges of the High Court hold office till the age of 62. Which of these statements is/are correct? (a) 1, 2 and 4 (b) 2 and 3 (c) 1 and 4 (d) 4 only
- a.1, 2 and 4
- b.2 and 3
- c.1 and 4
- d.4 only ✓
Polity · UPSC 2001
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