President Droupadi Murmu promulgated the Supreme Court (Number of Judges) Amendment Ordinance, 2026, to increase the number of judges in the Supreme Court.
The ordinance increases the number of Supreme Court judges from 33 to 37, excluding the Chief Justice of India (CJI), raising the total sanctioned strength from 34 to 38.
The ordinance was promulgated under Article 123 of the Constitution, which allows the President to issue ordinances when Parliament is not in session, and immediate action is necessary.
The amendment changes Section 2 of the Supreme Court (Number of Judges) Act, 1956, by replacing the word “thirty-three” with “thirty-seven”.
The gazette notification dated 16 May 2026 stated that Parliament was not in session and that circumstances required immediate action by the President.
The ordinance will be placed before both Houses of Parliament and will cease to operate if no approval is passed within 6 weeks after Parliament reassembles or if both Houses disapprove it.