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PolityThe Hindu18 May 2026

President Murmu promulgates ordinance to increase Supreme Court judge strength by four

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๐Ÿ“Œ Summary:

  • President Droupadi Murmu on May 17, 2026 promulgated the Supreme Court (Number of Judges) Amendment Ordinance, 2026, raising the SC judge strength from 33 to 37 (excluding CJI); total sanctioned strength now 38 including CJI
  • Gazette dated May 16 states "Parliament is not in session" and the President is "satisfied that circumstances exist which render it necessary to take immediate action"
  • Promulgated under Article 123 of the Constitution (President's ordinance-making power)
  • Ordinance amends Section 2 of the Supreme Court (Number of Judges) Act, 1956 โ€” replacing "thirty-three" with "thirty-seven"
  • Comes ~2 weeks after the Union Cabinet approved the proposal; ends a 6-year gap (last amendment was 2019, raising strength from 31 to 34)
  • Aimed at tackling SC pendency crisis: current backlog over 93,000 cases, projected to cross 1 lakh as the Court enters summer recess in June
  • Procedural fate: must be placed before both Houses of Parliament; lapses if six weeks expire without resolution, or if both Houses disapprove; President may also withdraw it anytime
  • Constitutional design: Article 124(1) โ€” Parliament can by law increase SC judge strength

๐ŸŽฏ UPSC Relevance: GS2 (Polity โ€“ Judiciary, Ordinance route, Article 123, separation of powers). Tests President's legislative powers, judicial reforms, pendency, MoP/collegium system.

๐Ÿ“ Prelims Facts:

  • Article 123 โ€” President's power to promulgate ordinances when either House is not in session; equal force as Acts of Parliament
  • Article 124(1) โ€” SC shall consist of CJI and not more than such number of judges as Parliament may by law prescribe
  • Supreme Court (Number of Judges) Act, 1956 โ€” original strength 10; revised in 1960, 1977, 1986, 2008, 2019, 2026
  • Previous strength: 34 (since 2019 amendment); new strength: 38
  • Six-week rule: ordinance ceases unless approved by Parliament within 6 weeks of reassembly (Article 123(2))
  • Pendency in SC: ~93,000 cases (May 2026)

๐Ÿ”‘ Key Term: Ordinance (Article 123) โ€” temporary law made by the President on the advice of the Cabinet when Parliament is not in session; has the same force as an Act but must be laid before Parliament within 6 weeks of reassembly or it lapses.

Supreme CourtOrdinanceArticle 123judicial pendencyMurmu

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