Daily News Analysis ‘Supreme Court Judge Strength: Constitutional Procedure and Recent Expansion’ : 18 May

Why in News:

• The President of India has promulgated an ordinance to increase the sanctioned judicial strength of the Supreme Court to 37 judges, excluding the Chief Justice of India.

Key Facts: Procedure to Increase Supreme Court Judges

• Constitutional Authority (Article 124):Article 124(1) of the Constitution states that the Supreme Court of India shall consist of a Chief Justice of India and, until Parliament by law prescribes a larger number, of not more than seven other judges. This explicitly vests the power to alter judge strength solely in Parliament, not the judiciary.
• The Legislative Instrument: Parliament exercises this power through the Supreme Court (Number of Judges) Act, 1956. To change the number of judges, this specific Act must be amended.
• Ordinance Route (Article 123): When Parliament is not in session and immediate action is deemed necessary, the President can use legislative powers under Article 123 to issue an ordinance amending the 1956 Act.
• Recent Modification: The Supreme Court (Number of Judges) Amendment Ordinance, 2026, amended Section 2 of the parent Act to replace the word “thirty-three” with “thirty-seven”. This increases the total sanctioned strength (including the CJI) from 34 to 38.
• Ordinance Validity and Expiry:
• The ordinance must be laid before both Houses of Parliament when they reassemble.
• It will automatically cease to operate six weeks from the reassembly of Parliament, or earlier if resolutions disapproving it are passed by both Houses.
• The President retains the executive power to withdraw the ordinance at any time.