Centre to Bring Bill Raising Supreme Court Strength to 38
The proposed legislation does not require a Constitutional amendment and can be passed with a simple majority
NEW DELHI: The Centre is set to introduce a Bill in the Monsoon session of Parliament to replace an ordinance increasing the sanctioned strength of the Supreme Court from 34 to 38 judges, including the Chief Justice of India.
The Lok Sabha has admitted a statutory resolution moved by Opposition members opposing the ordinance, according to a House bulletin issued on Wednesday. As per procedure, such a resolution is moved when a Bill is brought to replace an ordinance.
The resolution states, "This House disapproves of the Supreme Court (Number of Judges) Amendment Ordinance, 2026..."
Explaining the provision, former Union law secretary P.K. Malhotra said an ordinance remains in force for six months, but must be approved by Parliament within six weeks of the commencement of a session, failing which it lapses.
The Union Cabinet had cleared a Bill in May to increase the number of judges, following which the government promulgated the ordinance. Subsequently, five judges were appointed to the Supreme Court under the enhanced strength.
The proposed legislation does not require a Constitutional amendment and can be passed with a simple majority.
The strength of the Supreme Court was last increased in 2019 from 30 to 33 judges, excluding the Chief Justice of India. Under the original 1956 Act, the sanctioned strength was 10 judges, which was revised to 13 in 1960, 17 later, 25 in 1986, and 30 in 2009.
Article 124(3) of the Constitution lays down the qualifications for appointment as a Supreme Court judge, including experience as a High Court judge or advocate, or recognition as a distinguished jurist.
The strength of the court is revised based on recommendations of the Chief Justice of India to the Union law ministry, after which the proposal is processed by the government.
