Key Terms & Concepts — UPSC Mains
Article 124(1)
"The constitutional provision establishing the Supreme Court of India, fixing a floor of the Chief Justice plus seven other judges that Parliament may raise by ordinary law."
Article 124(1) provides that there shall be a Supreme Court of India consisting of a Chief Justice and, until Parliament by law prescribes a larger number, not more than seven other judges. Its drafting anticipates that Parliament would raise this floor as the Court's workload grew. The key consequence is that increasing the Supreme Court's sanctioned strength requires only an ordinary law of Parliament, not a constitutional amendment, which is why the Supreme Court (Number of Judges) Act, 1956 exists and has been periodically amended, most recently to 38 judges in 2026, from an original strength of 8 in 1950. Article 124(1) contrasts with Article 216, which leaves High Court composition to presidential discretion 'from time to time' rather than to a specific parliamentary ceiling.
Prelims directly tests the 'seven other judges' floor and the ordinary-law mechanism; Mains uses it to discuss judicial capacity and pendency.
- 1 Sets a constitutional floor of not more than seven other judges besides the CJI, unless Parliament prescribes more.
- 2 Increasing Supreme Court strength requires only an ordinary law, not a constitutional amendment.
- 3 Strength has risen from 8 (1950) to 11, 14, 18, 26, 31, 34 and 38 (2026).
- 4 Contrasts with Article 216, which leaves High Court strength to presidential determination.
Parliament's 2026 Bill raising Supreme Court strength from 34 to 38 judges did so by amending the Supreme Court (Number of Judges) Act, 1956, an ordinary law, exactly as Article 124(1) contemplates.
