Centre to Bring Bill Raising Supreme Court Strength to 38

NEW DELHI: The Center is set to introduce a Bill in the Monsoon session of Parliament to replace the ordinance increasing the sanctioning power of the Supreme Court from 34 judges to 38, including the Chief Justice of India.

The Lok Sabha passed a legal resolution moved by Opposition members opposing the ordinance, according to a Parliament bulletin published on Wednesday. As per procedure, such a decision is taken when a regulation is replaced by a bill.

The decision states, “This House does not approve the Supreme Court (Number of Judges) Amendment Regulations, 2026…”

Announcing this provision, former Union law secretary PK Malhotra said that the ordinance will remain in force for six months, but it must be approved by Parliament within six weeks of the start of the session, otherwise the provision will expire.

The Union Cabinet had approved a bill to increase the number of judges in May, following which the government issued the regulation. Later, 5 judges were appointed to the Supreme Court, whose powers were increased.

The proposed law does not require a constitutional amendment and can be adopted by a simple majority.

The Supreme Court’s strength was last increased in 2019 from 30 judges to 33 judges, excluding the Chief Justice of India. Under the original 1956 Act, the sanctioning power was 10 judges; this number was revised to 13 in 1960, then to 17, to 25 in 1986, and to 30 in 2009.

Article 124(3) of the Constitution sets out the qualifications required for appointment as a High Court judge, including experience as a High Court judge or lawyer or recognition as an eminent jurist.

The power of the court is being revised based on the recommendations given by the Chief Justice of India to the Union law ministry, after which the proposal is taken up by the government.