Supreme Court (Number of Judges) Amendment Bill, 2026 (Polity)

Supreme Court (Number of Judges) Amendment Bill, 2026 (Polity)

Supreme Court (Number of Judges) Amendment Bill, 2026 (Polity)

Why In News:

The Rajya Sabha passed the Supreme Court (Number of Judges) Amendment Bill, 2026, completing Parliament's approval after the Lok Sabha had already cleared it.

Source: The Hindu, Page 11, 6 August 2026, 'RS clears Bill to increase number of SC judges'; The Indian Express, Page 6, 6 August 2026, 'RS passes judges Bill: Opp raises ordinance route, diversity deficit'

Key Provisions

Strength increase: Sanctioned strength of the Supreme Court raised from 34 to 38 judges, including the Chief Justice of India.

Pendency context: Roughly 64 lakh cases are pending across courts in India, cited by the government as justification for the increase.

Constitutional and Legal Framework

Article 124: Provides for the establishment and constitution of the Supreme Court; leaves the actual number of judges to be prescribed by Parliament by law.

Supreme Court (Number of Judges) Act, 1956: The parent statute whose amendment is required each time the sanctioned strength is revised.

Original strength: The Constitution of 1950 provided for 8 judges including the CJI; the number has since been enlarged periodically by Parliament.

Process to Increase Supreme Court Judges

Proposal by CJI: The Chief Justice of India (CJI) initiates the process by sending a proposal to the Ministry of Law & Justice, citing reasons like case backlog or need for more benches.

Cabinet Consideration: The Law Ministry, after consulting the Finance Ministry on financial aspects, prepares a draft and places it before the Union Cabinet for approval.

Introduction of Bill: After approval, the government introduces the Supreme Court (Number of Judges) Amendment Bill in Parliament.

Parliamentary Approval: The bill must be passed by both Lok Sabha and Rajya Sabha with a simple majority.

Presidential Assent: Once passed, the bill is sent to the President for assent, after which it becomes law and the judge strength is officially increased.