Supreme Court Judges 38 — Parliament has passed the Supreme Court (Number of Judges) Amendment Bill, 2026, raising the sanctioned strength of the Supreme Court from 34 to 38 judges including the CJI. Here are the key facts, constitutional provisions, and practice MCQs for UPSC aspirants.
Why in News?
Parliament has passed the Supreme Court (Number of Judges) Amendment Bill, 2026, taking the total Supreme Court Judges 38 including the Chief Justice of India, up from 34. Earlier in May 2026, President Droupadi Murmu had promulgated an ordinance for the same purpose.
Key Facts for Prelims: Supreme Court Judges 38
- Bill: Supreme Court (Number of Judges) Amendment Bill, 2026
- Amends: Supreme Court (Number of Judges) Act, 1956
- New strength: 38 judges (including the CJI), up from 34
- Constitutional basis: Article 124(1) — Parliament may by law prescribe the number of SC judges
- Type of law needed: Ordinary law — no constitutional amendment required
- Original strength (1950): 8 (including CJI); increased multiple times since then
Static Exam Link: Supreme Court Under the Constitution
- Article 124: Establishes the Supreme Court, prescribes appointment of judges, and allows Parliament to fix the number of judges by law
- Article 125: Deals with salaries, allowances and pensions of SC judges
- Article 126: Appointment of Acting Chief Justice
- Article 127: Appointment of Ad hoc judges
- Collegium System: SC judges are appointed through the collegium (CJI + 4 senior-most judges), not through any Act of Parliament — it evolved from the Second Judges Case (1993) and Third Judges Case (1998)
- Retirement age: SC judges retire at 65 years; HC judges at 62 years
- Removal: Only by impeachment under Article 124(4) — proved misbehaviour or incapacity, with special majority in both Houses
Supreme Court Judges 38: Historical Growth of SC Strength
| Year | Sanctioned Strength (including CJI) |
|---|---|
| 1950 (Original) | 8 |
| 1956 (Act passed) | 11 |
| 1977 | 18 |
| 1986 | 26 |
| 2008 | 31 |
| 2019 | 34 |
| 2026 (Current) | 38 |
Quick Revision Table: Supreme Court Judges 38
| Parameter | Detail |
|---|---|
| Bill Name | Supreme Court (Number of Judges) Amendment Bill, 2026 |
| Parent Act | Supreme Court (Number of Judges) Act, 1956 |
| Constitutional Provision | Article 124(1) |
| New Strength | 38 (including CJI) |
| Previous Strength | 34 |
| Amendment Type Required | Ordinary law (simple majority) |
| SC Judge Retirement Age | 65 years |
| Appointment Mechanism | Collegium system |
Trap / Confusing Points on Supreme Court Judges 38
| Confusion | Correct Fact |
|---|---|
| Constitutional amendment needed to increase SC judges | No — an ordinary law by Parliament under Article 124(1) is sufficient |
| President decides the strength of SC | President appoints judges but Parliament fixes the number by law |
| Collegium is established by an Act of Parliament | Collegium evolved through judicial interpretation (Second and Third Judges Cases), not any statute |
| CJI is not counted in the sanctioned strength | The strength of 38 includes the CJI |
| SC and HC judges retire at the same age | SC judges retire at 65; HC judges retire at 62 |
Practice MCQs on Supreme Court Judges 38
1. Under which Article can Parliament prescribe the number of Supreme Court judges?
a. Article 121
b. Article 124
c. Article 126
d. Article 128
Ans: B
Article 124(1) empowers Parliament to determine the number of SC judges by law.
2. Increasing the number of Supreme Court judges requires:
a. Constitutional amendment with special majority
b. Constitutional amendment ratified by states
c. An ordinary law passed by Parliament
d. A Presidential order under Article 123
Ans: C
Only an ordinary Act of Parliament is needed; no constitutional amendment is required.
3. The Collegium system for appointment of SC judges originated from:
a. Supreme Court (Number of Judges) Act, 1956
b. 42nd Constitutional Amendment
c. Second Judges Case (1993)
d. National Judicial Appointments Commission Act
Ans: C
The collegium system was established through judicial interpretation in the Second Judges Case (1993) and refined in the Third Judges Case (1998).
4. Consider the following statements:
1. The original Constitution fixed the strength of the Supreme Court at 8 judges including the CJI.
2. Supreme Court judges retire at the age of 62 years.
Which of the above is/are correct?
a. 1 only
b. 2 only
c. Both 1 and 2
d. Neither 1 nor 2
Ans: A
The original strength was 8 (including CJI). SC judges retire at 65, not 62 (HC judges retire at 62).
5. The Supreme Court (Number of Judges) Amendment Bill, 2026 increases the total strength to:
a. 34
b. 36
c. 38
d. 40
Ans: C
The bill increases the strength from 34 to 38 including the CJI.
To learn current affairs from exam point of view, Click here.
To know more about the Supreme Court Judges Amendment Bill, Click here.