🗞️ Why in News: On June 2, 2026, Chief Justice of India (CJI) Surya Kant administered the oath of office to five new judges of the Supreme Court, taking the court’s working strength to a historic 37 (out of a new sanctioned strength of 38 including the CJI). The increase in sanctioned strength was effected through the Supreme Court (Number of Judges) Amendment Ordinance, 2026, passed to address the court’s mounting backlog of over 93,000 cases.
The Five New Judges
- Justice Sheel Nagu — former Chief Justice, Punjab and Haryana High Court
- Justice Shree Chandrashekhar — former Chief Justice, Bombay High Court
- Justice Sanjeev Sachdeva — former Chief Justice, Madhya Pradesh High Court
- Justice Arun Palli — former Chief Justice, Jammu & Kashmir and Ladakh High Court
- Justice V S Mohana — Senior Advocate (elevated directly from the Bar)
Notable: Justice V S Mohana is the second woman judge currently serving on the Supreme Court bench, and only the second woman ever elevated directly from the Bar to the Supreme Court — the first being Justice Indu Malhotra (2018).
The Ordinance That Enabled It
| Parameter | Detail |
|---|---|
| Instrument | Supreme Court (Number of Judges) Amendment Ordinance, 2026 |
| Change | Sanctioned strength of SC judges raised from 34 to 38 (including the Chief Justice of India) |
| Purpose | Address backlog of 93,000+ pending cases; enable more Constitution Bench sittings |
| CJI who swore in | CJI Surya Kant |
| Sanctioned strength (2026) | 38 (incl. CJI) — raised from 34 by Ordinance |
| Working strength after swearing-in | 37 (one vacancy remains out of 38) |
The Constitutional and Legal Framework
| Provision | Detail |
|---|---|
| Article 124(1) | Establishes the Supreme Court; the number of judges besides the CJI is determined by Parliament by law |
| Original Act | Supreme Court (Number of Judges) Act, 1956 — originally set at 10 judges (excluding CJI; total 11) |
| Progressive increases (total incl. CJI) | 1956 → 11; 1960 → 14; 1977 → 18; 1986 → 26; 2009 → 31; 2019 → 34; 2026 → 38 |
| Ordinance power | Article 123 — President can promulgate ordinances when Parliament is not in session; equivalent legislative force |
Appointment Process
| Step | Detail |
|---|---|
| Collegium recommendation | SC judges are appointed by the President on the recommendation of the Collegium — the CJI + 4 senior-most judges |
| Third Judges Case (1998) | Binding SC judgment establishing the Collegium as the final authority on judicial appointments; NJAC Act (2014) struck down by SC in 2015 |
| Direct Bar elevation | Very rare; requires exceptional standing and expertise; usually from HC Chief Justices |
Women in the Supreme Court — Milestones
| Year | Milestone |
|---|---|
| 1989 | Justice M. Fathima Beevi — first woman judge of the Supreme Court |
| 2018 | Justice Indu Malhotra — first woman elevated directly from the Bar |
| 2021 | Justice B.V. Nagarathna — in line to become first woman CJI (expected ~October 2027) |
| 2026 | Justice V S Mohana — second woman elevated from Bar; second woman currently serving |
Why the Backlog — and Why It Matters
India’s Supreme Court has the dual jurisdiction of:
- Original jurisdiction — Constitutional cases, interstate disputes
- Appellate jurisdiction — Appeals from High Courts, including ordinary civil, criminal, constitutional matters
This gives it an extremely wide entry point. India’s total judicial pendency exceeds 5 crore cases across all courts; the SC backlog of 93,000+ cases includes many Constitutional Bench matters pending for decades. A higher sanctioned strength enables:
- More sittings of Constitution Benches (which require 5+ judges for cases involving “substantial questions of law as to the interpretation of the Constitution”).
- Faster disposal of urgent ordinary matters.
UPSC Relevance
| Paper | Relevance |
|---|---|
| GS2 | Judiciary — SC composition; appointment process; Collegium; Article 124; Constitutional Bench; NJAC; pendency |
| Mains | “The increase in the sanctioned strength of the Supreme Court is a necessary but insufficient response to judicial backlog. Examine the structural reforms needed.” |
| Prelims | Article 124(1); SC strength 38 (2026); Collegium (Third Judges Case 1998); NJAC Act 2014 struck down; Justice Fathima Beevi (1989, first woman SC judge); Justice Indu Malhotra (2018, first direct Bar elevation); Article 123 (ordinance power) |
Facts Corner
📌 Facts Corner — Knowledgepedia
SC Strength 2026:
- SC (Number of Judges) Amendment Ordinance, 2026 — raised sanctioned strength from 34 to 38 (incl. CJI)
- Working strength: 37 (one vacancy); sworn in by CJI Surya Kant
- Purpose: address 93,000+ pending cases
5 New Judges (June 2, 2026): Sheel Nagu, Shree Chandrashekhar, Sanjeev Sachdeva, Arun Palli, V S Mohana
Justice V S Mohana: 2nd woman on SC bench; 2nd woman elevated directly from Bar (1st: Justice Indu Malhotra, 2018)
Article 124(1): SC composition set by Parliament by law
Progressive SC strength (incl. CJI): 11 (1956 Act) → 14 → 18 → 26 → 31 → 34 (2019) → 38 (2026 Ordinance)
Firsts: 1st woman SC judge: Justice M. Fathima Beevi (1989)
Collegium: CJI + 4 senior-most judges; binding via Third Judges Case (1998)
Article 123: President’s ordinance power (when Parliament not in session)
Sources: The Hindu, Supreme Court of India, Business Standard
Source: Supreme Court Strength Hits 37 — Five New Judges Sworn In After Ordinance — Ujiyari.com | Free UPSC & State PCS Current Affairs
