Why In News?

The Lok Sabha passed the Supreme Court (Number of Judges) Amendment Bill, 2026 to expand the judicial capacity of the apex court.  

What is the Supreme Court (Number of Judges) Amendment Bill, 2026?

Objective: Strengthen the Supreme Court's capacity to reduce case pendency, ensure speedy justice under Article 21, and improve judicial efficiency, consistent with the National Mission for Justice Delivery and Legal Reforms .

Key Provision: Amended the Supreme Court (Number of Judges) Act, 1956 to increase the sanctioned strength from 34 to 38 judges (1 CJI + 37 Puisne Judges), replacing the 2026 Ordinance.

Constitutional Basis: Enacted under Article 124(1), which empowers Parliament to determine the number of Supreme Court judges through legislation.

Significance of the Amendment 

Rising Pendency: As on 1 January 2026, the Supreme Court had 92,101 pending cases, highlighting mounting pressure on the apex court.

Institution–Disposal Gap: The Court received 75,410 fresh cases but disposed of only about 65,000 cases in the previous year, widening the backlog and indicating the need for greater judicial capacity.

National Pendency Crisis: More than 5.6 crore cases were pending across Indian courts by June 2026, with nearly 4.9 crore cases lying in district courts. 

Constitutional Benches: Article 145(3) mandates a minimum five-judge Bench for substantial constitutional questions. Additional judges enable regular Constitution Bench sittings without disrupting routine civil and criminal appeals.

Right to Speedy Justice: The Supreme Court has consistently held speedy justice to be an integral part of Article 21, in Hussainara Khatoon v. State of Bihar (1979) and reaffirmed in A.R. Antulay v. R.S. Nayak (1992).

Economic Impact: Judicial delays increase transaction costs, discourage investment and contract enforcement. 

  • The India Justice Report 2025 and the World Justice Project Rule of Law Index 2025 highlight persistent challenges in judicial capacity and timely justice delivery, strengthening the case for expanding judicial strength.

The amendment complements ongoing reforms such as e-Courts Phase III, National Judicial Data Grid (NJDG), Virtual Courts, AI-assisted case management, and the National Mission for Justice Delivery and Legal Reforms, which together aim to improve efficiency.

How are Supreme Court Judges Appointed in India?  

Article 124 of the Constitution provides for the appointment of Supreme Court judges by the President of India after consultation with judges as deemed necessary.

Current Appointment Process (Collegium System)

Vacancy Assessment: The Chief Justice of India (CJI) initiates the process after assessing vacancies, representation, merit and seniority.  

Recommendation by Collegium: The Supreme Court Collegium, comprising the CJI and four senior-most Supreme Court judges, recommends names for appointment.

  • This system evolved through the Second Judges Case (1993) and the Third Judges Case (1998 Presidential Reference). 

Government Scrutiny: The recommendations are examined by the Ministry of Law & Justice, which seeks inputs from the Intelligence Bureau (IB) where required, before forwarding them to the Prime Minister. 

The Prime Minister advises the President of India to make the appointment under Article 124.  

The President appoints the judge by issuing a Warrant of Appointment under his/her hand and seal.  

Can the Government Reject a Recommendation?

  • The Government may return a recommendation once for reconsideration.

  • If the Collegium reiterates the recommendation, convention requires the Government to accept it.  

Eligibility (Article 124(3))

A person is eligible to become a Supreme Court Judge if he/she:

  • Is an Indian citizen.

  • Has served as a High Court Judge for at least 5 years, or

  • Has been an Advocate of a High Court for at least 10 years, or

  • Is, in the President's opinion, a distinguished jurist. 

NJAC Attempt

  • The 99th Constitutional Amendment Act, 2014 created the National Judicial Appointments Commission (NJAC).

  • In 2015, the Supreme Court struck down the NJAC as unconstitutional, holding that it violated the Basic Structure Doctrine by affecting judicial independence.

Source: THEHINDU

PRACTICE QUESTION

Q. With reference to the Supreme Court (Number of Judges) Amendment Bill, 2026, consider the following statements:

  1. The Bill increases the sanctioned strength of the Supreme Court to 38 judges, which includes the Chief Justice of India.

  2. Increasing the number of Supreme Court judges requires a constitutional amendment under Article 368, passed by a special majority in both Houses of Parliament.

Which of the statements given above is/are correct?

A) 1 only

B) 2 only

C) Both 1 and 2

D) Neither 1 nor 2

Answer: A) 1 only

Explanation:

Statement 1 is correct: The Supreme Court (Number of Judges) Amendment Bill, 2026 aims to amend the Supreme Court (Number of Judges) Act, 1956. It increases the number of puisne (ordinary) judges from 33 to 37. This elevates the total sanctioned strength of the Supreme Court to 38 judges, which explicitly includes the Chief Justice of India (CJI).  

Statement 2 is incorrect: Under Article 124(1) of the Constitution of India, Parliament is empowered to prescribe and alter the strength of Supreme Court judges by ordinary parliamentary law. It does not require a constitutional amendment under Article 368 or a special majority; it is passed using a simple majority.