Parliament Clears Bill Increasing Supreme Court Judges Strength to 37
Parliament has passed the Supreme Court (Number of Judges) Amendment Bill, following its passage in the Lok Sabha and subsequent consideration by the Rajya Sabha on August 5, 2026. The legislation increases the sanctioned strength of Supreme Court judges from 34 to 37, replacing a presidential ordinance issued in May. The Upper House returned the Money Bill after a parliamentary debate marked by an Opposition walkout before the final vote.
What Happened
On August 5, 2026, the Rajya Sabha discussed the Supreme Court (Number of Judges) Amendment Bill, which had been cleared by the Lok Sabha earlier the same day. As a Money Bill, the Rajya Sabha considered the legislation and returned it to the Lower House. The Bill formalises an increase in the maximum number of Supreme Court judges from 34 to 37, replacing an executive ordinance promulgated by the government in May. Prior to the voice vote, Opposition members staged a walkout following discussions covering judicial representation, pendency, and executive procedure.
Key Highlights
- The sanctioned strength of Supreme Court judges has been raised from 34 to 37.
- The legislation replaces an ordinance issued by the central government in May.
- Congress MP Vivek Tankha questioned the necessity of bringing an ordinance instead of introducing a bill directly in Parliament, while asking if the added strength would resolve 95,000 pending cases.
- Deputy Chairman Harivansh asked MP Vivek Tankha to adhere to the subject after Tankha referenced the fifth anniversary of the abrogation of Article 370, leading to slogan-raising and a brief walkout by Opposition members.
- BJP MP Sangeeta Yadav stated that approximately 64 lakh cases are pending across various courts in the country and affirmed the government’s commitment to tackling the backlog.
- Trinamool Congress MP Menaka Guruswamy highlighted that High Courts face a 30 percent vacancy rate and that women comprise only 14 percent of High Court judges, adding that between 2018 and 2026, judicial appointments included 3 percent Scheduled Caste, 2 percent Scheduled Tribe, and 12 percent OBC judges.
- DMK MP R. Girirajan noted that roughly 76 percent to 80 percent of recently appointed High Court judges belong to upper caste general categories.
- IUML MP Haris Beeran called for structural changes, including raising judges’ salaries and increasing the retirement age of Supreme Court judges.
- Minister of State for Law and Justice Arjun Ram Meghwal stated the expansion aims to boost judicial efficiency, supported by alternative dispute resolution (ADR) mechanisms like arbitration, mediation, and conciliation.
- Parliamentary Affairs Minister Kiran Rijiju stated that while the government issues appointment notifications, candidate names are determined by the Supreme Court Collegium.
Why This Matters
The legislative amendment expands the bench capacity of India’s top court to help address case pendency. During the debate, parliamentarians highlighted crucial broader issues within the judicial system, including 64 lakh pending cases across courts, a 30 percent vacancy rate in High Courts, and debates surrounding representation for women and marginalized communities within judicial appointments.
What to Watch Next
With the legislative process completed in Parliament, attention turns to the appointment process for filling the expanded judicial positions. As noted by Parliamentary Affairs Minister Kiran Rijiju during the debate, official appointments depend on recommendations submitted by the Supreme Court Collegium prior to government notification.
Frequently Asked Questions
How many judges will the Supreme Court have under the new Bill?
The Supreme Court (Number of Judges) Amendment Bill increases the sanctioned strength of Supreme Court judges from 34 to 37.
What type of Bill was this in Parliament?
The legislation was introduced and passed as a Money Bill, which was cleared by the Lok Sabha and returned by the Rajya Sabha after discussion.
Who selects the candidates for Supreme Court judge positions?
According to Parliamentary Affairs Minister Kiran Rijiju, the names of judicial appointees are decided by the Supreme Court Collegium, after which the government issues the appointment notifications.
Source: Based on reporting from The Hindu and Sansad TV via ANI.