Lok Sabha admits resolution opposing ordinance to hike number of Supreme Court judges
A House of Representatives bulletin published on Wednesday said the Lok Sabha had accepted the legal resolution of the opposition members opposing the ordinance.
According to the procedure, if a regulation is replaced by a bill, opposition members propose a bill opposing the regulation.
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Regulation is an executive power exercised by the government to frame laws in emergency situations when Parliament is not in session.
“This House does not approve the Supreme Court (Number of Judges) Amendment Ordinance, 2026…” the resolution reads.
“An ordinance has a lifespan of six months, but once a session begins, the ordinance has to be converted into law by Parliament within six weeks or 42 days, otherwise it loses its validity,” former Union law secretary PK Malhotra said.Also Read: Delhi to be turned into education hub: CM Rekha Gupta
In May, the Union Cabinet passed a bill to increase the sanctioning power of the high court, but soon the government introduced an ordinance.
Following the decree, five judges were appointed to the upper court based on the increased sanction power.
The proposed bill does not require a Constitutional amendment and a simple majority must be achieved for its adoption.
The Supreme Court’s strength was last increased from 30 to 33 (excluding the CJI) in 2019.
The Supreme Court (Number of Judges) Act, first enacted in 1956, set the maximum number of judges (excluding the CJI) at 10.
This number was increased to 13 with the Supreme Court of Appeals (Number of Judges) Amendment Law, 1960, and to 17 with another law amendment.
The Supreme Court (Number of Judges) Amendment Act, 1986 increased the number of judges from 17 to 25, excluding the CJI.
A new change in 2009 increased the strength from 25 to 30.
Article 124(3) of the Constitution lists the qualifications required to become a Supreme Court judge.
An Indian citizen who has served as a judge of the high court for at least five years or as an advocate for 10 years or is an eminent jurist can be appointed to the apex court.
The power of the Supreme Court is being enhanced as per the recommendations of the CJI, who has written to the Union law minister. After consulting the finance ministry, the Ministry of Justice, which is affiliated with the law ministry, goes to the Cabinet with a bill.
