Supreme Court Gets Five New Judges

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Supreme Court Gets Five New Judges

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The Supreme Court (Number of Judges) Amendment Bill, 2026 in Parliament to amend The Supreme Court (Number of Judges) Act, 1956 for increasing the number of Judges of the Supreme Court of India by 4 from the present 33 to 37 (excluding the Chief Justice of India).

The process of increasing the strength of the Supreme Court of India involves both constitutional provisions and parliamentary legislative power.

The Constitutional Framework:

1. Article 124(1): The Constitution of India states that there shall be a Supreme Court of India consisting of a Chief Justice of India (CJI) and a number of other judges.
2. Who holds the power to increase the number? The Constitution explicitly gives the Parliament the power to increase the number of judges by making a law. The President or the Supreme Court itself cannot increase the total sanctioned strength on their own.

So, Parliament enacted an Act, Supreme Court (Number of Judges) Amendment Act. 1956.

Parliamentary Legislation: To change the number, Parliament must pass an amendment bill called the Supreme Court (Number of Judges) Amendment Act.

How many judges were present in original Constitution?

Historical Changes: In 1950, the original Constitution provided for only 8 judges (1 CJI + 7 judges).

Parliament has repeatedly stepped in to increase this number over the decades. The last change was made via the Supreme Court (Number of Judges) Amendment Act, 2019, which increased the total sanctioned strength from 31 to 34 judges (1 CJI + 33 judges).

The Appointment Process (Filling the Sanctioned Seats)

Once the seats are legally created by Parliament, filling those actual seats follows the Collegium System:

1. The Recommendation: A panel called the Supreme Court Collegium—consisting of the CJI and the 4 senior-most judges of the Supreme Court—meets to discuss and select candidates.
2. The Executive Review: The list of selected names is sent to the Union Law Minister, who forwards it to the Prime Minister. The Prime Minister then advises the President of India on the appointments.
3. The Final Warrant: The judges are formally appointed by the President of India by warrant under his hand and seal.

 

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