Key Terms & Concepts — UPSC Mains
SC Judges Ordinance 2026
"Presidential ordinance promulgated May 16–17, 2026 raising the sanctioned strength of the Supreme Court of India from 34 to 38 judges"
The Supreme Court (Number of Judges) Amendment Ordinance, 2026 was promulgated by the President of India on 16–17 May 2026 (Gazette notification: May 16; presidential promulgation: May 17, 2026). The ordinance amended the Supreme Court (Number of Judges) Act, 1956 to increase the sanctioned strength of the Supreme Court from 34 judges (including the Chief Justice of India) to 38 judges (including the CJI). This was the fifth increase in the Supreme Court's sanctioned strength since 1956, when the original Act fixed it at 8 judges. The progression has been: 8 (1956 Act) → 11 (1960) → 14 (1977) → 18 (1986) → 26 (2009) → 34 (2019) → 38 (2026 Ordinance). The 2026 ordinance was accompanied by the elevation of new judges, including Justice V. S. Mohana — only the second woman judge to be elevated directly from the Bar to the Supreme Court (the first was Justice Indu Malhotra in 2018).
The SC Judges Ordinance 2026 is directly relevant for GS2 (judiciary, appointment of judges, pendency crisis). Key UPSC angles: the Supreme Court's actual working strength vs. sanctioned strength, the pendency crisis (over 80,000 cases pending in SC as of 2025), collegium-based appointments, use of ordinance route for judicial reform, and gender representation in the higher judiciary. The rise in sanctioned strength reflects the judiciary's increasing workload and the government's attempt to address case pendency through more benches.
- 1 Promulgated May 16–17, 2026 — amends Supreme Court (Number of Judges) Act, 1956
- 2 Raises sanctioned strength from 34 to 38 (including Chief Justice of India)
- 3 Progression of SC sanctioned strength: 8 (1956) → 11 (1960) → 14 (1977) → 18 (1986) → 26 (2009) → 34 (2019) → 38 (2026)
- 4 [object Object]
- 5 Judges are appointed by the President on the recommendation of the Collegium (CJI + 4 senior-most judges)
- 6 Over 80,000 cases pending in the Supreme Court as of 2025 — key justification for expansion
- 7 Ordinance route used as Parliament was not in session
The SC's sanctioned strength of 34 judges (before the 2026 ordinance) was rarely fully filled due to delays in collegium recommendations and government appointments — meaning India's apex court often functioned with 28–30 working judges, making the gap between sanctioned and actual strength as consequential as the sanctioned strength itself.
