
The political landscape in India has been marked by significant tensions surrounding the judiciary and executive branches, particularly in the lead-up to the promulgation of the Ordinance on May 16, 2026.
This Ordinance, which increased the sanctioned strength of the Supreme Court from 34 to 38 judges, has ignited controversy primarily due to the manner in which the new judges were appointed. The Supreme Court was already operating with only 32 judges, creating a backlog of cases and raising concerns about the efficiency and effectiveness of the judicial system.
Last week, five judges were sworn into the Supreme Court of India, a move that has ignited controversy due to the manner of their appointment.
The President's recent Ordinance, which increased the sanctioned strength of the Supreme Court from 34 to 38, has raised questions about the legality and ethics of the new judges' positions, particularly since three of them occupy chairs that were not established by any statute.
Critics argue that this action undermines the integrity of the judiciary and sets a concerning precedent for future appointments. The new judges include four former Chief Justices of High Courts and one lawyer from the bar, all deemed fit for office by the government.
However, the timing of the Ordinance, issued while the Court was operating below its sanctioned strength, has led to accusations of political maneuvering. The debate surrounding this issue reflects broader concerns about judicial independence in India, as stakeholders worry that such actions may erode public trust in the legal system.
As the Supreme Court navigates this controversy, the implications for its authority and the rule of law remain to be seen.