Lok Sabha Admits Resolution Opposing Ordinance to Increase Supreme Court Judges

New Delhi, Jul 16: The Lok Sabha has admitted a statutory resolution moved by Opposition members opposing the Supreme Court (Number of Judges) Amendment Ordinance, 2026, which increased the sanctioned strength of the apex court from 34 to 38 judges, including the Chief Justice of India (CJI). The development comes ahead of the Monsoon Session of Parliament, during which the Government is expected to introduce a Bill to replace the ordinance with legislation. According to parliamentary procedure, when the Government seeks to replace an ordinance with a Bill, Opposition members can move a statutory resolution seeking its disapproval. The resolution admitted by the Lok Sabha states: “This House disapproves of the Supreme Court (Number of Judges) Amendment Ordinance, 2026.” Former Union Law Secretary P.K. Malhotra explained that an ordinance remains valid for six months but must be approved by Parliament within six weeks of the commencement of a session. Failing this, it automatically lapses. The Union Cabinet had approved the proposal to increase the number of Supreme Court judges in May, following which the Government promulgated the ordinance. Based on the revised sanctioned strength, five new judges were subsequently appointed to the apex court. The proposed legislation requires only a simple majority in Parliament, as it does not involve any amendment to the Constitution. The strength of the Supreme Court has been increased several times over the years. It was raised from 30 to 33 judges (excluding the CJI) in 2019. Earlier amendments had successively increased the sanctioned strength from 10 judges in 1956 to 13 in 1960, 17, 25 in 1986, and 30 in 2009. Under Article 124(3) of the Constitution, a person is eligible for appointment as a Supreme Court judge if they are an Indian citizen who has served as a High Court judge for at least five years, practised as an advocate in a High Court for at least ten years, or is considered a distinguished jurist. The process of increasing the court’s strength begins with a recommendation from the Chief Justice of India to the Union Law Ministry, followed by consultations with the Finance Ministry before the proposal is placed before the Union Cabinet.