Cabinet Approval to Increase the Number of Judges in the Supreme Court to 38
Context:
Recently, The Union Cabinet has approved the Supreme Court (Number of Judges) Amendment Bill, 2026, proposing an increase in the sanctioned strength of the Supreme Court of India from the existing 34 to 38 judges (including the Chief Justice of India).
Background and Legal Framework:
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- The strength of the Supreme Court is governed by the Supreme Court (Number of Judges) Act, 1956, which Parliament can amend under its legislative powers. Originally, the Supreme Court started functioning in 1950 with eight judges (one Chief Justice and seven judges). Over time, the sanctioned strength has been progressively increased to meet the growing judicial workload.
- The Constitution of India under Article 124(1) provides that Parliament may regulate the number of Supreme Court judges. This flexibility has enabled multiple amendments: from 11 judges in 1956, to 14 in 1960, 18 in 1978, 26 in 1986, 31 in 2008, and 34 in 2019 (excluding the CJI). The latest proposed amendment seeks to raise this number further to 37 judges plus the Chief Justice, effectively making the total strength 38.
- The strength of the Supreme Court is governed by the Supreme Court (Number of Judges) Act, 1956, which Parliament can amend under its legislative powers. Originally, the Supreme Court started functioning in 1950 with eight judges (one Chief Justice and seven judges). Over time, the sanctioned strength has been progressively increased to meet the growing judicial workload.
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Key Features of the Amendment Bill:
The Cabinet-approved Bill proposes:
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- Increase in sanctioned strength of Supreme Court judges from 34 to 38
- Amendment of the 1956 Act to reflect the revised strength
- Financial provisions stating that expenditure on salaries, allowances, and infrastructure will be met from the Consolidated Fund of India
- Aim to improve disposal rate of cases and reduce pendency
- Increase in sanctioned strength of Supreme Court judges from 34 to 38
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Rationale behind the Decision:
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- One of the primary reasons for increasing the strength is the mounting pendency of cases in the Supreme Court, which has crossed 90,000 cases in recent years. The workload on judges has increased due to rising litigation, complex constitutional matters, and greater access to courts through digital filing systems.
- Additionally, the retirement of multiple judges in 2026 is expected to further strain judicial capacity. With several anticipated vacancies, the Collegium system will have to make multiple recommendations in a short span to maintain functional strength.
- One of the primary reasons for increasing the strength is the mounting pendency of cases in the Supreme Court, which has crossed 90,000 cases in recent years. The workload on judges has increased due to rising litigation, complex constitutional matters, and greater access to courts through digital filing systems.
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Significance of the Move:
The proposed expansion is significant for several reasons:
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- Improved efficiency: More judges may allow larger benches and quicker hearings
- Reduction in backlog: Helps in addressing long-pending constitutional and civil cases
- Institutional strengthening: Enhances capacity of the apex court to handle diverse and complex matters
- Improved efficiency: More judges may allow larger benches and quicker hearings
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Conclusion:
The proposed increase in Supreme Court judge strength reflects the government’s attempt to strengthen judicial capacity and address pendency concerns. However, for long-term impact, it must be complemented with broader judicial reforms, including procedural efficiency, digitisation, and better case management systems.
