President Promulgates Ordinance To Raise Number Of Supreme Court Judges By 4
President Droupadi Murmu has promulgated The Supreme Court (Number of Judges) Amendment Ordinance, 2026, increasing the sanctioned strength of judges in the Supreme Court of India from 33 to 37, excluding the Chief Justice of India (CJI). This raises the total sanctioned strength to 38 judges, including the CJI.
What the Ordinance does
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It amends Section 2 of the Supreme Court (Number of Judges) Act, 1956, by substituting the word “thirty‑three” with “thirty‑seven” to reflect the new strength.
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The government has cited rising pendency, backlog of cases, and the need for more Constitution‑bench formations as the primary reasons for the increase.
Procedural context
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The move follows a Union Cabinet decision on 5 May 2026, which had approved raising the Court’s strength by four judges and proposed introducing the Supreme Court (Number of Judges) Amendment Bill, 2026 in Parliament.
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In the absence of Parliament being in session, the Centre resorted to Article 123 of the Constitution, under which the President can promulgate an ordinance, which will later need to be ratified by Parliament.
Appointment and practical effect
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The ordinance creates four additional judicial posts but does not name any judges; appointments will continue to be made through the judicial collegium process and the President’s warrant.
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The present working strength of the Supreme Court is reported to be around 32 judges (including the CJI), so the increase will allow the Court to gradually fill vacancies and compose more benches, especially for complex constitutional matters.
