Supreme Court (Number of Judges) Amendment Bill, 2026

Parliament has increased the sanctioned strength of the Supreme Court from 34 to 38 judges, including the Chief Justice of India, by adding four judicial posts to address the Court’s growing workload.

Money Bill Controversy

The Bill was passed as a Money Bill, with the government linking the expenditure on additional judges and associated infrastructure to the Consolidated Fund of India. Critics argue that using the “incidental matters” provision under Article 110(1)(g) may bypass effective scrutiny by the Rajya Sabha.

Constitutional Issue

Under Article 110, a Money Bill primarily deals with taxation, government borrowing, appropriation of public funds and matters incidental to these subjects. Once certified by the Lok Sabha Speaker, the Rajya Sabha can only make recommendations and cannot reject or amend the Bill.

The Speaker’s power to certify a Bill as a Money Bill remains an important constitutional issue before a seven-judge Constitution Bench. The controversy also recalls Justice D.Y. Chandrachud’s criticism of the Money Bill route in the 2018 Aadhaar judgment.

Significance

The amendment seeks to improve judicial capacity and reduce workload, but its classification as a Money Bill raises concerns regarding bicameral scrutiny, parliamentary accountability and the scope of Article 110