President Issues Ordinance to Raise Supreme Court Judges from 33 to 37 (Sanctioned Strength 38)

Key Insight

President’s ordinance boosts Supreme Court strength to curb backlog – a key judicial reform for UPSC.

Key Facts

1. President promulgated the Supreme Court (Number of Judges) Amendment Ordinance, 2026 on 17 May 2026.
2. Ordinance raises the sanctioned strength of Supreme Court judges from 33 to 37 (excluding the CJI), making total strength 38.
3. Union Cabinet approved the proposal on 5 May 2026; the amendment replaces ‘33’ with ‘37’ in Section 2 of the Supreme Court (Number of Judges) Act, 1956.
4. Current working strength of the Court is 32 judges (including the CJI); the increase aims to fill vacancies and curb backlog.
5. The previous amendment to the Act was in 2019, when strength rose from 30 to 33 judges (excluding the CJI).
6. Article 124 of the Constitution empowers Parliament to prescribe the number of Supreme Court judges; the ordinance is a temporary measure pending parliamentary ratification.

Background

The ordinance reflects the executive’s use of Article 123 powers to address judicial capacity constraints, a key aspect of the separation of powers. It also underscores the procedural link between the Union Cabinet, the President, and Parliament in amending statutory provisions governing the judiciary.

UPSC Syllabus

• Prelims_GS — Constitution and Political System
• Prelims_GS — National Current Affairs
• GS2 — Executive and Judiciary - structure, organization and functioning
• GS2 — Parliament and State Legislatures - structure, functioning, powers and privileges

Mains Angle

In Mains, this can be framed as a discussion on strengthening judicial efficiency through institutional reforms, linking constitutional provisions (Art 124) with executive legislative powers (Art 123). (GS‑2)