On 5 May 2026, the Union Cabinet chaired by Prime Minister Mr. Narendra Modi approved a proposal to enhance the judge strength of the Supreme Court of India, increasing the sanctioned number of judges from 34 to 38, including the Chief Justice of India (CJI).
Background:
Article 124(1) of the Constitution of India provides that the Supreme Court shall consist of a Chief Justice of India and such number of other judges as Parliament may, by law, prescribe. Initially, the Constitution envisaged a maximum of seven judges apart from the CJI, leaving scope for expansion through legislation.
To operationalize this provision, the Parliament enacted the Supreme Court (Number of Judges) Act, 1956, which initially fixed the maximum number of judges (excluding the CJI) at 10.
Although the sanctioned strength was increased over time, the working strength of the Supreme Court was temporarily restricted to 15 judges until 1979. This limitation was lifted at the request of the CJI, allowing full utilization of the sanctioned strength.
The judge strength of the Supreme Court was last enhanced from 30 to 33 judges (excluding CJI) through the Supreme Court (Number of Judges) Amendment Act, 2019.
Key Highlights of the Cabinet decision:
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The Union Cabinet has approved an increase in the sanctioned strength of Supreme Court judges by four, raising the number from 34 to 38, including the CJI.
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The decision paves the way for introducing the Supreme Court (Number of Judges) Amendment Bill, 2026 in Parliament.
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The amendment seeks to modify the Supreme Court (Number of Judges) Act, 1956, governing the composition of the apex court.
Impact:
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The primary objective of increasing the number of judges is to enhance the efficiency and effectiveness of the Supreme Court.
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In the context of rising case pendency, the additional judges are expected to:
○ Facilitate faster disposal of cases
○ Reduce the burden on existing judges
○ Enable constitution of more benches simultaneously
○ Ensure timely and accessible justice for citizens
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Expenses related to salaries, allowances, supporting staff, and infrastructure will be met from the Consolidated Fund of India.
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The Cabinet has noted that the financial commitment is justified by the long-term benefits of an efficient justice delivery system.
Expansion of Judge Strength over the years:
Since 1956, the strength (excluding CJI) of the Supreme Court has been periodically increased to meet growing judicial demands:
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1960: Increased from 10 to 13 judges
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1977: Increased to 17 judges
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1986: Enhanced from 17 to 25 judges
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2008: Raised from 25 to 30 judges
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2019: Increased from 30 to 33 judges
The Government has emphasized that strengthening judicial capacity is essential for upholding the rule of law in a rapidly growing and complex society.
Also Read: Supreme Court’s Tale of Strength
