Supreme Court Judge Strength Raised to 38: Bill Replaces May 2026 Ordinance
The Union government introduced the Supreme Court (Number of Judges) Amendment Bill, 2026 in Parliament to raise the sanctioned strength of Supreme Court judges from 34 to 38, including the Chief Justice of India
The Bill seeks to replace the Supreme Court (Number of Judges) Amendment Ordinance, 2026, which the President had promulgated in May 2026 to make the increase effective immediately
The Union Cabinet had earlier cleared the Bill, and the Law and Justice Ministry piloted its introduction during the Monsoon Session of Parliament
The stated rationale is to help the Supreme Court manage rising case pendency, which stood at over 92,000 cases as of April 2026
This is the first increase in the Supreme Court's sanctioned strength since 2019
Article 124: Establishment and Constitution of the Supreme Court
Article 124(1) of the Constitution provides that the Supreme Court shall consist of a Chief Justice of India and, until Parliament by law prescribes a larger number, not more than seven other judges (as originally enacted) — a number Parliament has periodically enlarged by ordinary legislation. This makes the sanctioned strength of the Supreme Court a matter of ordinary parliamentary law, not a constitutional amendment.
The current Bill is the latest exercise of Parliament's Article 124(1) power, following the same ordinary-legislation route used in 1986 and 2019.
Ordinance-Making Power: Article 123
Article 123 empowers the President to promulgate ordinances when Parliament is not in session and immediate action is necessary. An ordinance has the same force as an Act of Parliament but must be laid before both Houses and ceases to operate six weeks from reassembly unless replaced by an Act.
The Bill is necessary because the ordinance route used in May 2026 to immediately raise the sanctioned strength is temporary and must be converted into a regular Act before Parliament's session-linked deadline lapses.
Judicial Pendency and Court Strength
Increasing the number of judges is one structural response to case backlog, distinct from procedural reforms (case management rules, e-courts) or institutional reforms (creation of a National Court of Appeal, regional benches — both proposed but not adopted).
Key Details
- Supreme Court pendency stood at over 92,000 cases as of April 2026, cited as the justification for the increase
- The 2019 increase (31 to 34) was similarly justified by rising pendency
- Sanctioned strength is different from working/actual strength — vacancies can persist even after a legal increase, since appointments depend on the collegium recommending and the government notifying
The Bill addresses only the ceiling on sanctioned judges; actual reduction in pendency will depend on how quickly the collegium recommends and the government appoints judges to fill the expanded seats.
- Current sanctioned strength: 34 judges (including CJI); proposed strength: 38 judges (including CJI)
- Ordinance promulgated: May 2026, under Article 123
- Bill introduced: Supreme Court (Number of Judges) Amendment Bill, 2026, Monsoon Session
- Previous increase: Supreme Court (Number of Judges) Amendment Act, 2019 (31 to 34 judges)
- Supreme Court pendency (as of April 2026): approximately 92,823 cases
- Original 1950 sanctioned strength: 8 judges (CJI + 7)