Article 123 Invoked: Supreme Court Judge Count Hits 38

(By Syed Ali Taher Abedi)

17-5-2026- President Draupadi Murmu has promulgated the Supreme Court (Number of Judges) Amendment Ordinance, 2026 under Article 123 of the Constitution, increasing the sanctioned strength of the Supreme Court of India from 34 to 38 judges (including the Chief Justice of India). The Ordinance, notified on May 16, 2026, amends Section 2 of the Supreme Court (Number of Judges) Act, 1956 by replacing “33” with “37,” thereby creating four additional judicial posts.

This marks the first expansion of the Supreme Court’s strength since 2019 and only the eighth such increase since the Court’s establishment in 1950. The move follows Union Cabinet approval on May 5, 2026, and is aimed at addressing the growing pendency of cases before the apex court.

The Ordinance derives constitutional validity from Article 123, which empowers the President to issue ordinances when Parliament is not in session and immediate action is necessary.

Its legal foundation also rests on Article 124(1), which authorizes Parliament to determine the number of Supreme Court judges beyond the original constitutional minimum.

While the Ordinance creates four new sanctioned posts, appointments to these positions will still be made through the collegium system under Article 124.

The measure is immediately effective but must be approved by Parliament within six weeks of its reassembly to remain in force.