VIDEO EXPLAINER | 7 NOVEMBER 2026
What happened
As per the video, the strength of the Supreme Court has gone up from 34 to 38. The Chief Justice plus 37 judges make the full strength. The video’s key point is that the number of judges increased, but the Constitution was not amended. The status below is as of 5 Nov 2026, as per the video.
Parliament was not in session when the first step was taken. So President Droupadi Murmu used her power under Article 123 to promulgate an Ordinance.
The Bill was then passed by the Lok Sabha on 3 August. The President gave her assent on 11 August, and the Bill became law. After the Act came into force, the Ordinance was repealed.
According to the Government, the main reason was backlog. As per the video, 92,823 cases are pending.
Why a simple Act was enough
The central legal question is why Parliament did not need a constitutional amendment. The video answers it through Article 124 clause 1. This clause says that Parliament can increase the number of judges by making an ordinary law.
That is why the work was done by a simple Act and not by a constitutional amendment. An ordinary law is passed in the normal way, without the special process that a constitutional amendment needs. For exams, this is the line to remember: increasing the number of Supreme Court judges is a matter for ordinary law under Article 124(1).
How the number of judges grew
The video also gives the history. In the original Constitution there were only 8 judges, made up of one Chief Justice and 7 other judges, which the video puts as 7 plus 1.
The number grew gradually, and by 2019 it had reached 33. If you add the Chief Justice, that is 34, which is the old strength. The new strength is 37 plus 1, that is 38 judges in total.
What about the High Courts?
The video ends with a useful contrast. For the High Courts, the number of judges is decided not by Parliament but by the President, under Article 216.
So there are two different rules. For the Supreme Court, Parliament decides the number by ordinary law under Article 124(1). For the High Courts, the President decides under Article 216.
Constitutional / Legal / Institutional framework
- Article 123: the President’s power to promulgate an Ordinance when Parliament is not in session. It was used in this story before the Bill was passed.
- Article 124 clause 1: Parliament can increase the number of Supreme Court judges by an ordinary law, so no constitutional amendment is needed.
- Article 216: for High Courts, the number of judges is decided by the President and not by Parliament.
- Process: Ordinance by the President, Bill passed by the Lok Sabha on 3 August, assent on 11 August, and the Ordinance repealed after the Act.
CLAT angle
- Article 124(1) is the key: Parliament can raise the number of Supreme Court judges by ordinary law. A constitutional amendment was not used.
- Know the contrast: Supreme Court strength by Parliament under Article 124(1); High Court strength by the President under Article 216.
- Numbers to remember: original 8 judges, 33 by 2019, 34 earlier, 38 now (the Chief Justice plus 37 judges).
- Article 123 is asked as the Ordinance-making power of the President when Parliament is not in session.
- The Government’s stated reason is backlog, with 92,823 cases pending as per the video.
Key facts
| Fact | Detail |
|---|---|
| Strength | Supreme Court strength raised from 34 to 38 |
| Composition | Chief Justice plus 37 judges |
| Article 123 | President promulgated an Ordinance as Parliament was not in session |
| 3 August | Bill passed by the Lok Sabha |
| 11 August | President gives assent; the Bill becomes law |
| Ordinance | Repealed after the Act |
| Pending cases | 92,823, with backlog as the main reason per the Government |
| Article 124(1) | Parliament can increase the number of judges by ordinary law |
| Original strength | 8 judges: the Chief Justice plus 7 |
| By 2019 | 33 judges |
| Article 216 | High Court strength decided by the President |
Mnemonic / memory hook
Remember: 34 to 38, Act not Amendment.
Original 8, then 33 by 2019, now the Chief Justice plus 37 judges. Supreme Court: Parliament under Article 124(1). High Courts: the President under Article 216.
Why this matters for exams
Questions on this topic usually test two things: the numbers and the Article. The numbers are 34, 38, 37 plus the Chief Justice, the original 8, and 33 by 2019. The Articles are 123, 124(1) and 216.
The most important idea is that a change in the number of judges does not need a constitutional amendment. The video makes this point clearly: Article 124 clause 1 allows Parliament to do it by ordinary law, so a simple Act was enough.
Another frequent trap is mixing the Supreme Court with the High Courts. Remember that Parliament decides the number for the Supreme Court, while the President decides it for the High Courts under Article 216.
The sequence is also easy to remember: Ordinance first because Parliament was not in session, then the Lok Sabha on 3 August, then the President’s assent on 11 August, and then the repeal of the Ordinance.
Source
This article summarises the video explainer and uses only what the video states. Status is as of 5 Nov 2026; check official government and parliamentary records for later changes.
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