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President Promulgates Ordinance to Increase Supreme Court Judges from 34 to 38 Under Article 123, Amending 1956 Act

PolityCORE
Target:UPSC GS-IIMPSCSSC GATeachingPrelims HighMains MediumStatic GK Link
17 May 2026
~2 min
Source: The Hindu
Key Data:Total strength 38Backlog >93,000 casesArticle 123Supreme Court (Number of Judges) Act, 1956
Bodies:Supreme Court of IndiaPresident of IndiaUnion CabinetParliament
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What This Article Covers

1.President Droupadi Murmu promulgated an ordinance on May 17, 2026, amending the Supreme Court (Number of Judges) Act, 1956, to increase the total sanctioned judicial strength from 34 to 38.

2.The ordinance was issued under Article 123 of the Constitution, as Parliament was not in session, and aims to address the critical pendency crisis of over 93,000 cases.

3.This is the first increase in judge strength since 2019 and follows the constitutional provision where Parliament prescribes the number of judges, originally set at a maximum of seven.

The Big Picture
Prelims · HighMains · Medium

President Droupadi Murmu has promulgated an ordinance to increase the sanctioned strength of Supreme Court judges from 34 to 38 (including the CJI). This move, aimed at tackling a case backlog exceeding 93,000, uses the President's power under Article 123 to amend the Supreme Court (Number of Judges) Act, 1956, while Parliament is not in session.

Exam Lens

Quick Exam Facts From News

New Total Strength38 judges (including CJI)
Old Total Strength34 judges (including CJI)
Ordinance DateMay 17, 2026
Case BacklogOver 93,000 cases
Constitutional ArticleArticle 123
Amended ActSupreme Court (Number of Judges) Act, 1956

1-Minute Revision

  • ›New Total Strength: 38 judges (including CJI)
  • ›Old Total Strength: 34 judges (including CJI)
  • ›Target this Data: New total strength is 38 (including CJI), up from 34.
  • ›Target this Nodal Body: The President of India (executive power under Article 123).
  • ›Target this Legal Point: Amendment to Section 2 of the Supreme Court (Number of Judges) Act, 1956.

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Q1Static LinkageEasy

Under which Article of the Constitution does the President of India have the power to promulgate ordinances?

Q2Statement-basedHard

Consider the following statements regarding the recent ordinance on Supreme Court judge strength:

1. It increases the total sanctioned strength of the Supreme Court, including the Chief Justice of India, to 38.

2. The ordinance was promulgated after the Parliament passed a bill to amend the Supreme Court (Number of Judges) Act, 1956.

3. The ordinance will cease to operate if resolutions disapproving it are passed by both Houses of Parliament.

Which of the statements given above is/are correct?

Q3Data-centricMedium

According to the news article, what is the approximate backlog of cases pending in the Supreme Court of India, cited as a reason for increasing judge strength?

Q4Application/ImpactMedium

What is the primary constitutional mechanism mentioned in the article that allows the increase in the number of Supreme Court judges?

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