Cabinet Approves Raising Supreme Court Strength to 38 Judges: The Constitutional Mechanics Explained

The Union Cabinet has cleared a proposal to add four more judges to the Supreme Court, and the change will come not through a constitutional amendment but through an ordinary law altering the numbers fixed under Article 124.

The Union Cabinet has approved raising the Supreme Court's sanctioned strength from 34 (Chief Justice plus 33 judges) to 38, adding four new judgeships. This will be done through a Bill amending the Supreme Court (Number of Judges) Act, 1956, to be introduced in Parliament, taking effect once the President gives assent.

The key constitutional point is that Article 124(1) allows Parliament, by ordinary law, to fix a Supreme Court strength larger than the original seven judges — no constitutional amendment under Article 368 is needed. Filling the new seats will follow Article 124(2), under which the President appoints judges after consultation with the CJI, operationalised through the collegium system. Article 124(4), on removal of judges, is not engaged here since no judge is being removed.

Exam takeaway: remember that altering SC strength needs only an ordinary Act of Parliament (via the 1956 Act), not a constitutional amendment, distinguishing it from more rigid structural changes. Also note related provisions — Article 125 (salaries), Article 126 (acting CJI), Article 128 (recall of retired judges), and Article 145 (SC's rule-making power over its own procedure/benches).