Supreme Court Judges Ordinance 2026 UPSC Notes

Context: Supreme Court Judges Ordinance 2026
The Supreme Court (Number of Judges) Amendment Ordinance, 2026 increases the sanctioned strength of the Supreme Court from 34 to 38 judges including the CJI to address rising pendency.

1. Constitutional Basis

• Article 124(1): Supreme Court consists of the CJI + other judges as Parliament may by law prescribe.
• Hence, number of SC judges can be increased through an ordinary law.

2. Relevant Law

• Supreme Court (Number of Judges) Act, 1956
• Latest amendment:
• 34 → 38 judges including CJI

3. Ordinance Power — Article 123

President can promulgate ordinance when:

• Parliament is not in session.
• Immediate action is necessary.
• Issued on advice of the Union Council of Ministers.
• Ordinance has same force as an Act of Parliament.

4. Validity & Limits

• Must be approved within 6 weeks of Parliament reassembly.
• Subject to judicial review.
• Cannot amend the Constitution under Article 368.

5. Important Judgments

• D.C. Wadhwa Case (1987): Re-promulgation of ordinances criticised.
• Krishna Kumar Singh vs State of Bihar (2017, 7-judge bench): Repeated re-promulgation held unconstitutional.