The Union Cabinet has cleared the Supreme Court (Number of Judges) Amendment Bill, 2026, a move that will raise the sanctioned strength of the nation’s highest court to 38 judges. This landmark decision marks the first such expansion in six years, aiming to boost the judiciary’s capacity to handle a mounting backlog of cases. By increasing the bench strength from the current 34, the government intends to facilitate the faster disposal of matters and the formation of more simultaneous benches.
Overview of the Supreme Court (Number of Judges) Amendment Bill, 2026
The Supreme Court (Number of Judges) Amendment Bill, 2026, seeks to amend the Supreme Court (Number of Judges) Act, 1956, which is the primary legislation governing the composition of the apex court. The bill proposes adding 4 more judges to the existing sanctioned strength of 33 puisne judges. Once passed, the total number of judges, including the Chief Justice of India (CJI), will rise from 34 to 38.
This legislative intervention comes at a time when the Supreme Court is grappling with a significant workload. The increase in the number of judges is expected to allow the court to constitute more benches, including Constitution Benches for matters involving substantial questions of law. This is the first expansion of the judicial pool since 2019, when the strength was raised from 31 to 34.
Constitutional Provision and Judicial Power
Under the Indian Constitution, the power to determine the size of the Supreme Court is specifically vested in the Parliament. Article 124(1) originally mandated that the Supreme Court consist of a Chief Justice and seven other judges. However, it also granted the Parliament the authority to increase this number by enacting appropriate laws.
Unlike the high courts, where the President of India has the executive power to increase the number of judges as needed, any change in the sanctioned strength of the Supreme Court requires a formal legislative amendment. This ensures that the structure and capacity of the highest judicial body in the land are governed by parliamentary oversight.
Historical Evolution of Supreme Court Strength
Since the adoption of the Constitution in 1950, the sanctioned strength of the Supreme Court has been revised multiple times to keep pace with the country’s growing legal needs. The initial strength of 8 judges has grown progressively through several amendments to the Supreme Court (Number of Judges) Act, 1956.
| Year of Amendment | Sanctioned Strength (Including CJI) |
|---|---|
| 1950 (Original) | 8 |
| 1956 | 11 |
| 1960 | 14 |
| 1977 | 18 |
| 1986 | 26 |
| 2009 | 31 |
| 2019 | 34 |
| 2026 (Proposed) | 38 |
Rationale Behind the Expansion
The primary driver for this expansion is the mounting pendency of cases in the Supreme Court, which has recently crossed the 90,000 mark. A higher number of judges will allow the court to hear more cases daily and clear the backlog of long-pending matters. This is particularly crucial for reducing the “wait time” for litigants seeking justice from the highest judicial authority.
Furthermore, an increased sanctioned strength enables the Chief Justice to constitute more Constitution Benches without affecting the routine work of other benches. These benches are essential for resolving complex legal and constitutional questions that require a minimum of five judges. By having a larger pool of judges, the court can ensure that constitutional matters are heard and decided with greater frequency.
The Legislative Process for Judicial Strength
The approval of the bill by the Union Cabinet is the first major step in the legislative process. Following this, the bill will be introduced in the Parliament, where it must be debated and passed by both the Lok Sabha and the Rajya Sabha. Once it receives the Presidential assent, the amendment will officially become part of the law.
This process highlights the checks and balances inherent in the Indian democratic system. While the executive initiates the proposal, the final authority to expand the judiciary’s top-tier remains with the people’s representatives in the Parliament. This ensures that any significant changes to the judicial infrastructure are made with broad legislative support and transparency.
Key Takeaways
- The Union Cabinet approved the Supreme Court (Number of Judges) Amendment Bill, 2026, to increase the court’s sanctioned strength.
- The bill proposes to expand the total number of judges to 38 from the current 34, including the Chief Justice of India.
- Article 124(1) of the Constitution empowers the Parliament to determine the number of judges in the Supreme Court through legislation.
- The proposed change aims to amend the Supreme Court (Number of Judges) Act, 1956, marking the first expansion since 2019.
- The primary rationale for the increase is to address the mounting pendency of cases, which has exceeded 90,000.
- A higher judicial strength will facilitate the formation of more simultaneous benches, including Constitution Benches.
