Cabinet Approves SC Judge Strength Increase to 37

The Union Cabinet approved a proposal to introduce the Supreme Court (Number of Judges) Amendment Bill, 2026 in Parliament. The Bill seeks to amend the Supreme Court (Number of Judges) Act,1956 to increase the sanctioned strength of judges in the Supreme Court.  

Supreme Court (Number of Judges) Amendment Bill, 2026 Key Provisions 

• The Supreme Court (Number of Judges) Amendment Bill, 2026 Bill proposes an increase in the number of Judges in the Supreme Court of India by four additional judges.
• The total strength will rise from 33 to 37 Judges, excluding the Chief Justice of India.
• The proposal is currently at the Bill introduction stage in Parliament and has not yet become law. 

Constitutional Basis

The power to determine the strength of the Supreme Court is derived from Article 124(1) of the Constitution of India.

• Article 124(1) states that the Supreme Court shall consist of a Chief Justice of India and, “until Parliament by law prescribes a larger number, of not more than seven other Judges.”
• Thus, the strength of judges in the Supreme Court cannot be changed by executive order and requires a law passed by Parliament.
• In contrast, the High Courts operate under Article 216, where the power to determine and vary the number of judges lies with the President of India, exercised through executive action on the recommendation of the Union government.

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Evolution of Judge Strength in the Supreme Court of India

The number of judges in the Supreme Court has been progressively increased over time through legislative amendments:

• 1956: The Supreme Court (Number of Judges) Act, 1956 was enacted. It initially fixed the maximum strength at 10 Judges (excluding the Chief Justice of India) under Section 2.
• 1960: Strength increased to 13 Judges through an amendment.
• 1977: Strength further increased to 17 Judges.
• 1979 (Temporary administrative restriction): Working strength was restricted to 15 Judges, excluding the Chief Justice of India, which was later withdrawn.
• 1986: Strength increased from 17 to 25 Judges.
• 2008: Strength increased from 25 to 30 Judges.
• 2019: Strength further increased from 30 to 33 Judges (excluding the Chief Justice of India).
• 2026 (Proposed): Current Bill proposes increase from 33 to 37 Judges.

Need for Increasing Supreme Court Judge Strength

The proposal to increase the sanctioned strength of the Supreme Court of India arises from structural pressures on the judicial system and the need to improve disposal efficiency.

• High pendency of cases: The Supreme Court is burdened with a backlog of over 92,000 cases, affecting timely adjudication.
• Rising complexity of litigation: Increasing constitutional, commercial, and rights-based disputes demand greater judicial capacity and specialization.
• Higher case inflow due to digital access: Expansion of e-filing and digital systems has increased accessibility and overall case submissions.
• Limited bench availability: Existing judge strength restricts the simultaneous functioning of multiple benches, delaying hearings.
• Workload pressure on judges: Heavy caseload per judge impacts efficiency and increases delays in disposal of matters.

Significance of Increasing Supreme Court Judge Strength

The enhancement of judicial strength is aimed at improving institutional efficiency and strengthening the delivery of justice at the apex level.

• Faster case disposal: Additional judges enable better distribution of workload, improving overall disposal rates.
• Strengthening bench system: Facilitates constitution of more Division Benches and Constitution Benches for continuous hearings.
• Improved institutional efficiency: Enhances the administrative and functional capacity of the Supreme Court.
• Better handling of complex matters: Strengthens capacity to address constitutional interpretation and inter-state disputes effectively.
• Enhanced public confidence: Timely justice delivery improves trust in the efficiency and responsiveness of the judicial system.