New Delhi: In a significant move aimed at strengthening India’s apex judiciary and tackling the mounting backlog of cases, the Union Cabinet chaired by Prime Minister Narendra Modi has approved the introduction of the Supreme Court (Number of Judges) Amendment Bill, 2026 in Parliament. The bill seeks to amend the Supreme Court (Number of Judges) Act, 1956, increasing the sanctioned strength of Supreme Court judges from the current 33 to 37 (excluding the Chief Justice of India), effectively taking the total strength of the court to 38 including the CJI.
This marks the latest in a series of expansions to the Supreme Court’s capacity since Independence, reflecting the growing demands on the country’s highest judicial institution amid rising litigation and complex constitutional matters.
Cabinet Decision and Key Provisions of the Bill
The Union Cabinet’s approval, granted on Tuesday, May 5, 2026, paves the way for the bill’s introduction during the upcoming Monsoon Session of Parliament. According to official statements, the amendment will enhance the operational efficiency of the Supreme Court, enable the formation of more benches, and ensure faster disposal of cases.
Once the bill becomes law, the Supreme Court Collegium, led by the Chief Justice of India, will be in a position to recommend names for appointment to fill the additional vacancies. The process involves the CJI initiating proposals in consultation with senior collegium members. These recommendations are then forwarded to the Union Law Minister, who submits them to the Prime Minister, who in turn advises the President for formal appointments.
The government has emphasized that the additional judges will directly contribute to reducing pendency and delivering timely justice to citizens. As per the latest figures shared in the context of this decision, the Supreme Court currently grapples with 92,926 pending cases, underscoring the urgent need for enhanced judicial manpower.
Financial Implications and Funding Mechanism
The expenditure related to the salaries of the additional judges, supporting staff, infrastructure, and other facilities will be borne entirely from the Consolidated Fund of India. The Cabinet has described this financial commitment as a justified investment in the long-term health of the justice delivery system, which forms the backbone of the rule of law in the world’s largest democracy.
Historical Evolution of Supreme Court Judge Strength
The expansion of the Supreme Court’s judge strength has been a gradual process aligned with the constitutional framework. Article 124(1) of the Constitution of India provides for the establishment of the Supreme Court, consisting of a Chief Justice of India and such number of other judges as Parliament may by law prescribe. Originally, the Constitution envisaged a maximum of seven judges apart from the CJI.
Parliament first exercised this power through the Supreme Court (Number of Judges) Act, 1956, which fixed the maximum number of judges (excluding the CJI) at 10. Subsequent amendments have progressively increased this number to meet evolving judicial requirements:
- In 1960, the strength was raised to 13 judges (excluding CJI).
- The Supreme Court (Number of Judges) Amendment Act, 1977 increased it to 17.
- In 1986, it was further augmented from 17 to 25 judges.
- The 2008 amendment raised the strength from 25 to 30.
- The most recent increase prior to the current proposal came in 2019, when the strength was enhanced from 30 to 33 judges (excluding the CJI).
Notably, even after the 1977 increase to 17, the working strength was restricted by the Cabinet to 15 judges (excluding CJI) until the end of 1979. This restriction was lifted following a request from the then Chief Justice of India, allowing the court to operate at full sanctioned capacity.
The current proposal to take the number to 37 (excluding CJI) continues this tradition of periodic review and expansion to address the judiciary’s growing workload in a rapidly developing nation.
Current Context: Working Strength, Retirements, and Collegium Responsibilities
As of now, the Supreme Court’s working strength stands at 32 judges, with several retirements scheduled in 2026. Justice Rajesh Bindal retired in April, while Justices J.K. Maheshwari and Pankaj Mithal are set to retire in June. Justice Sanjay Karol will retire in August, and Justice Satish Sharma in November.
These vacancies, combined with the proposed increase, mean the Collegium headed by Chief Justice of India Surya Kant will need to make at least nine recommendations this year, assuming the bill is passed. CJI Surya Kant’s tenure extends till February 2027, providing continuity in the appointment process.
Recent appointments have already brought the strength to 34 at one point, but natural retirements and the need for further augmentation have necessitated this legislative intervention.
Significance for Judicial Efficiency and Access to Justice
The primary objective behind the amendment is to bolster the Supreme Court’s ability to function more efficiently and effectively. Additional judges will allow for the constitution of more benches simultaneously, accelerating the hearing and disposal of cases ranging from constitutional matters and public interest litigations to appeals in civil and criminal cases.
Experts and government sources highlight that this expansion will reduce the burden on existing judges, mitigate delays that often span years, and strengthen public trust in the judiciary. In a country of India’s size and diversity, where the Supreme Court serves as the final interpreter of the Constitution and guardian of fundamental rights, timely justice is not just a legal necessity but a cornerstone of democratic governance.
The decision comes at a time when judicial reforms, including the use of technology for virtual hearings and case management, are being emphasized alongside increases in manpower.
Broader Impact on India’s Justice Delivery System
Increasing the judge strength is expected to have a cascading positive effect across the judicial ecosystem. By easing the load at the apex level, it indirectly supports High Courts and subordinate judiciary through better precedent-setting and faster resolution of high-stakes matters.
The government has reiterated its commitment to upholding the rule of law and ensuring accessible justice for all citizens. This step aligns with ongoing efforts to modernize and strengthen institutions in response to contemporary challenges.
Other Cabinet Decisions on May 5, 2026
Alongside the judicial reform measure, the Cabinet Committee on Economic Affairs (CCEA) approved three multi-tracking railway projects with a total investment of ₹23,437 crore. Additionally, the CCEA gave the nod for developing a state-of-the-art ship repair facility at Vadinar in Gujarat, aimed at expanding the national ship repair ecosystem and boosting maritime infrastructure.
These approvals reflect the government’s balanced focus on institutional strengthening across sectors, from justice to infrastructure and economic development.
Constitutional and Legislative Journey Ahead
The Supreme Court (Number of Judges) Amendment Bill, 2026 will now be introduced in Parliament. Once passed by both Houses and receiving presidential assent, it will formally amend the 1956 Act, updating Section 2 to reflect the new maximum number of judges.
This legislative process ensures parliamentary oversight on the composition of the judiciary, maintaining the delicate balance between the executive, legislature, and judiciary as envisaged by the Constitution.
Looking Forward: Strengthening the Pillar of Democracy
The proposed increase in Supreme Court judges from 33 to 37 (excluding CJI) represents a proactive response to the challenges of judicial administration in 21st-century India. With a burgeoning population, economic growth, and evolving legal complexities, the apex court’s capacity must keep pace to deliver justice that is not only fair but also swift.
As the bill progresses through Parliament, stakeholders across the legal fraternity, civil society, and political spectrum will closely monitor its implementation. The ultimate goal remains clear: reinforcing the Supreme Court’s role as the custodian of constitutional values while ensuring every citizen’s right to timely justice is upheld.
This development underscores the government’s continued emphasis on judicial capacity building. By investing in additional judges and supporting infrastructure, India aims to set a stronger foundation for efficient governance and equitable justice delivery in the years ahead.
FAQs
Q1. What is the Supreme Court (Number of Judges) Amendment Bill, 2026 and what does it propose?
The Supreme Court (Number of Judges) Amendment Bill, 2026 seeks to amend the Supreme Court (Number of Judges) Act, 1956. It proposes to increase the sanctioned strength of judges in the Supreme Court from the current 33 to 37 (excluding the Chief Justice of India). This will take the total strength of the Supreme Court to 38, including the CJI. The Union Cabinet approved the bill on May 5, 2026, under the chairmanship of Prime Minister Narendra Modi, and it is expected to be introduced in the upcoming Monsoon Session of Parliament.
Q2. Why is the government increasing the number of Supreme Court judges?
The primary objective is to improve the efficiency and effectiveness of the Supreme Court, ensure speedy justice, and reduce the huge backlog of cases. The Supreme Court currently has 92,926 pending cases. Additional judges will allow the formation of more benches simultaneously, faster disposal of cases, and reduce the workload on existing judges. This expansion aims to strengthen access to timely justice for citizens and uphold the rule of law in a rapidly growing democracy.
Q3. What is the historical background of changes in Supreme Court judge strength?
Article 124(1) of the Constitution empowers Parliament to decide the number of Supreme Court judges. The Supreme Court (Number of Judges) Act, 1956 initially fixed the strength at 10 judges (excluding CJI). Subsequent increases occurred as follows:
- 1960: Raised to 13
- 1977: Increased to 17
- 1986: Enhanced to 25
- 2008: Raised to 30
- 2019: Increased to 33 (excluding CJI)
The current proposal to take it to 37 (excluding CJI) continues this periodic expansion to meet growing judicial demands. Note that after the 1977 increase, the working strength was temporarily restricted to 15 until 1979.
Q4. How will the new judges be appointed and what is the current situation of vacancies?
Once the bill is passed, the Supreme Court Collegium headed by the Chief Justice of India (currently CJI Surya Kant) will recommend names for appointment. The process involves the CJI consulting collegium members, sending recommendations to the Union Law Minister, who forwards them to the Prime Minister, who then advises the President for formal appointment.
Currently, the Supreme Court has a working strength of around 32 judges. Several retirements are due in 2026 (including Justices J.K. Maheshwari, Pankaj Mithal, Sanjay Karol, and Satish Sharma). With the proposed increase, the Collegium is expected to make at least 9 recommendations this year.
Q5. What will be the financial impact of increasing the Supreme Court judge strength?
All additional expenditure on salaries of the new judges, supporting staff, infrastructure, and related facilities will be met from the Consolidated Fund of India. The government views this as a necessary and justified investment for long-term improvement in the justice delivery system. No specific cost figure has been disclosed yet, but the focus is on the broader benefits of reducing case pendency and enhancing judicial capacity.
