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.