**Executive Summary**
The Supreme Court (Number of Judges) Amendment Ordinance, 2026, was promulgated by the President of India on May 16, 2026, to increase the sanctioned strength of the Supreme Court. Issued under Article 123 of the Constitution because Parliament was not in session, the Ordinance came into force immediately. Its primary purpose is to amend the 1956 Act to expand the maximum number of judges allowed on the bench.
**Key Points / Main Content**
**Legislative Authority and Commencement**
* **Constitutional Basis:** The Ordinance was promulgated by the President under Clause (1) of Article 123 of the Constitution of India, following the President's satisfaction that circumstances necessitated immediate action while Parliament was not in session.
* **Effective Date:** The Ordinance is titled the Supreme Court (Number of Judges) Amendment Ordinance, 2026, and came into force immediately upon its publication on May 16, 2026.
**Amendments to the 1956 Act**
* **Modification of Section 2:** The Ordinance amends Section 2 of the Supreme Court (Number of Judges) Act, 1956 (Act 55 of 1956).
* **Increased Judge Count:** The text substitutes the word "thirty-three" with "thirty-seven," thereby increasing the maximum number of judges in the Supreme Court from 33 to 37.
**Impact Analysis**
**Supreme Court of India**
**Impact**
The maximum sanctioned strength of the Court has been expanded by four additional judge positions. This change allows for a larger bench to manage the judicial workload.
**Action Required**
The Court must prepare for the integration of additional judges into its administrative and judicial proceedings.
**Ministry of Law and Justice / Government of India**
**Impact**
The Ministry now has the legal authorization to proceed with the appointment of more judges up to the new limit of thirty-seven.
**Action Required**
The executive branch must initiate the process for selecting and appointing qualified individuals to fill the newly created judicial vacancies.
Key Entities Referenced
The Supreme Court (Number of Judges) Amendment Ordinance, 2026: The primary legal instrument promulgated to increase the maximum strength of Supreme Court judges from thirty-three to thirty-seven.
The Supreme Court (Number of Judges) Act, 1956: The principal legislation being amended to facilitate the expansion of the judicial bench of the Supreme Court.
Article 123 of the Constitution: The constitutional provision granting the President the power to promulgate ordinances when Parliament is not in session, which served as the legal basis for this amendment.
Ministry of Law and Justice: The central ministry whose Legislative Department is responsible for the drafting and notification of this ordinance.
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MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 16th May, 2026/Vaisakha 26, 1948 (Saka)
THE SUPREME COURT (NUMBER OF JUDGES)
THE SUPREME COURT (NUMBER OF JUDGES) AMENDMENT
AMENDMENT ORDINANCE, 2026
ORDINANCE, 2026
No. 1 of 2026
Promulgated by the President in the Seventy-seventh
year of the Republic of India.
An Ordinance further to amend the Supreme Court
(Number of Judges) Act, 1956.
WHEREAS Parliament is not in session and the President
is satisfied that the circumstances exist which render it
necessary for her to take immediate action;
NOW, THEREFORE, in exercise of the powers conferred
by clause (1) of article 123 of the Constitution, the President
is pleased to promulgate the following Ordinance:-
1. (1) This Ordinance may be called the Supreme Court Short title and
(Number of Judges) Amendment Ordinance, 2026. commencement.
(2) It shall come into force at once.
2. In section 2 of the Supreme Court (Number of Judges) Act, Amendment of
55 of 1956. 1956, for the word “thirty-three”, the word “thirty-seven” section 2.
shall be substituted.THE SUPREME COURT (NUMBER OF JUDGES) THE SUPREME COURT (NUMBER OF JUDGES) THE SUPREME COURT (NUMBER OF JUDGES)
AMENDMENT ORDINANCE, 2026 AMENDMENT ORDINANCE, 2026 AMENDMENT ORDINANCE, 2026
Promulgated by the President in the Seventy-seventh Promulgated by the President in the Seventy-seventh Promulgated by the President in the Seventy-seventh
year of the Republic of India. year of the Republic of India. year of the Republic of India.
An Ordinance further to amend the Supreme Court An Ordinance further to amend the Supreme Court An Ordinance further to amend the Supreme Court
(Number of Judges) Act, 1956. (Number of Judges) Act, 1956. (Number of Judges) Act, 1956.
WHEREAS Parliament is not in session and the President WHEREAS Parliament is not in session and the President WHEREAS Parliament is not in session and the President
is satisfied that the circumstances exist which render it is satisfied that the circumstances exist which render it is satisfied that the circumstances exist which render it
necessary for her to take immediate action; necessary for her to take immediate action; necessary for her to take immediate action;
NOW, THEREFORE, in exercise of the powers conferred NOW, THEREFORE, in exercise of the powers conferred NOW, THEREFORE, in exercise of the powers conferred
by clause (1) of article 123 of the Constitution, the President by clause (1) of article 123 of the Constitution, the President by clause (1) of article 123 of the Constitution, the President
is pleased to promulgate the following Ordinance:- is pleased to promulgate the following Ordinance:- is pleased to promulgate the following Ordinance:-
1. (1) This Ordinance may be called the Supreme Court Short t itle and 1. (1) This Ordinance may be called the Supreme Court Short ti tle and 1. (1) This Ordinance may be called the Supreme Court Short title and
(Number of Judges) Amendment Ordinance, 2026. commenceme2n t . (NumberT oHfE J uGdAgZeEsT) TAEm OeFn IdNmDeIAnt E OXrTdRinAaOnRcDe,I N2A02R6Y. [Part II—Secc. o1m] mencement. (Number of Judges) Amendment Ordinance, 2026. commencement.
(2) It shall come into force at once. (2) It shall come into force at once. (2) It shall come into force at once.
2. In section 2 of the Supreme Court (Number of Judges) Act, Amen dment of 2. In section 2 of the Supreme Court (Number of Judges) Act, Amen dment of 2. In section 2 of the Supreme Court (Number of Judges) Act, Amendment of
55 of 1956. 1956, for the word “thirty-three”, the word “thirty-seven” sectio5n5 2 o. f 1956. 1956, for the word “thirty-three”, the word “thirty-seven” section5 52 .o f 1956. 1956, for the word “thirty-three”, the word “thirty-seven” section 2.
shall be substituted. shall be substituted. shall be substituted.
————
DROUPADI MURMU,
President.
————
DR. RAJIV MANI,
Secretary to the Govt. of India.
UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054.
MGIPMRND—155GI(S4)—16-05-2026.