The Union government is scheduled to introduce a bill in the Lok Sabha on Monday to raise the sanctioned strength of the Supreme Court of India from 34 to 38 judges, including the Chief Justice of India (CJI).
The legislation seeks to replace an executive ordinance under which five new judges have already been appointed to the top court. While the bill requires only a simple majority to pass as it does not necessitate a constitutional amendment, it faces immediate pushback from opposition lawmakers. The Lok Sabha has admitted a statutory resolution from the opposition disapproving of the Supreme Court (Number of Judges) Amendment Ordinance, 2026.
Strict Parliamentary Deadlines
Under standard legislative procedure, opposition members typically move a disapproval resolution when a bill is introduced to replace an executive ordinance.
An ordinance serves as an emergency executive mechanism to enact laws when Parliament is not in session. However, its lifespan is strictly capped. According to former Union Law Secretary P K Malhotra, an ordinance has a maximum duration of six months, but once a legislative session commences, it must be passed into law within six weeks, or 42 days, to prevent it from lapsing.
The government’s push to expand the bench began in May when the Union Cabinet cleared a bill to increase the court’s judicial capacity. Shortly thereafter, the government issued an ordinance to implement the changes immediately, paving the way for the rapid appointment of five apex court judges.
The Process Of Judicial Expansion
Modifying the size of India’s highest court follows a structured administrative process. The expansion is initiated by the CJI, who submits a formal recommendation to the Union Minister of Law and Justice. Following consultations with the Ministry of Finance, the Department of Justice under the law ministry drafts the legislation and presents it to the Union Cabinet.
To be eligible for appointment to the Supreme Court under Article 124(3) of the Constitution, a candidate must be an Indian citizen. Additionally, they must have either served as a high court judge for at least five years, practiced as an advocate for at least 10 years, or be recognized as a distinguished jurist.
Historical Growth Of The Bench
The proposed expansion marks the latest in a series of legislative updates to the court’s capacity. Under the original Supreme Court (Number of Judges) Act of 1956, the maximum number of judges was capped at 10, excluding the CJI.
Parliament subsequently raised this limit to 13 in 1960, and later to 17 through subsequent amendments. The bench was further expanded to 25 judges in 1986 and to 30 in 2009. The most recent expansion before the current bill occurred in 2019, which raised the sanctioned strength from 30 to 33 judges, excluding the Chief Justice.
