From 34 to 38: Parliament Enlarges the Supreme Court, and an Old Debate Returns
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Article summary
Parliament has taken up the Supreme Court (Number of Judges) Amendment Bill, 2026, introduced in the Lok Sabha by the Law Minister to raise the sanctioned strength of the Supreme Court from 33 judges besides the Chief Justice of India to 37 — a full court of 38 including the Chief Justice. The Bill replaces the Supreme Court (Number of Judges) Amendment Ordinance, 2026 promulgated on 16 May 2026, and amends the Supreme Court (Number of Judges) Act, 1956, which fixes the court's strength by ordinary legislation rather than in the Constitution. Article 124 sets the composition of the court as the Chief Justice and not more than such number of other judges as Parliament may by law prescribe, which is the constitutional source of that flexibility. The stated purpose is faster disposal against a large and rising pendency, but the reform reopens a long-running debate over whether more judges addresses the causes of arrears or only their symptoms.
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Sample questions — answers revealed after test
Q1. An ordinance promulgated by the President under Article 123 has which of the following characteristics?
Q2. A commentator argues that raising the number of Supreme Court judges treats a symptom of pendency rather than its cause. Which one of the following best supports that argument?
Q3. Consider the following statements about the strength of the Supreme Court of India: 1. Article 124(1) fixes only a minimum, providing for the Chief Justice and, until Parliament prescribes a larger number, not more than seven other judges. 2. The operative strength of the court is set by the Supreme Court (Number of Judges) Act, 1956 and can be changed by ordinary legislation. 3. Because the court's strength is fixed in the Constitution, enlarging it requires a constitutional amendment passed by special majority. Which of the statements given above are correct?