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Cabinet Approves Increase in Supreme Court Judges to 38; Amendment Bill to Be Tabled in Parliament

Supreme Court (Number of Judges) Amendment Bill 2026 Approved; Strength to Increase by Four
Third Judge Criminal Appeal Powers
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New Delhi: The Union Cabinet, chaired by Prime Minister Narendra Modi, on Tuesday approved a proposal to increase the sanctioned strength of judges in the Supreme Court of India from 34 to 38, including the Chief Justice of India. The move aims to enhance judicial efficiency and ensure faster delivery of justice.

Union Minister Ashwini Vaishnaw stated that the apex court currently comprises 33 judges and one Chief Justice, and the proposed amendment will add four more judges to the existing strength.

Amendment Bill to Be Tabled in Parliament

To formalise the decision, the government will introduce the Supreme Court (Number of Judges) Amendment Bill, 2026 in the upcoming session of Parliament.

Read Also: Big Judicial Move: SC Collegium Approves 10 Appointments to Punjab & Haryana High Court Amid Rising Case Backlog

The Bill proposes to increase the number of judges (excluding the Chief Justice of India) from 33 to 37, thereby raising the total strength of the Supreme Court to 38, including the Chief Justice.

The expansion is expected to significantly improve the court’s capacity to handle its growing caseload and reduce pendency.

Objective: Faster and Efficient Justice Delivery

The government has emphasised that the increase in judicial strength will enable the Supreme Court to function more efficiently and effectively, ensuring speedier disposal of cases.

The additional financial burden, including salaries and allowances of the new judges and supporting staff, will be met from the Consolidated Fund of India.

Constitutional Provision Governing Judge Strength

Under Article 124(1) of the Constitution of India, 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 capped the number at not more than seven judges, leaving scope for expansion through legislation.

Evolution of Supreme Court Judge Strength

The strength of the Supreme Court has steadily increased over the decades in response to rising judicial demands:

  • 1956: The Supreme Court (Number of Judges) Act, 1956 fixed the number of judges (excluding CJI) at 10
  • 1960 Amendment: Increased to 13 judges
  • 1977 Amendment: Increased to 17 judges
  • 1986 Amendment: Increased to 25 judges
  • 2008 Amendment: Increased to 30 judges
  • 2019 Amendment: Increased from 30 to 33 judges (excluding CJI)

At one point in 1979, the earlier cap was removed following a request from the Chief Justice of India, allowing further expansion as required.

Why the Increase is Significant

The latest proposal comes amid a rising backlog of cases and increasing complexity of legal matters before the apex court. Enhancing the number of judges is seen as a crucial step to:

  • Reduce case pendency
  • Improve access to justice
  • Strengthen judicial efficiency
  • Support timely constitutional and legal adjudication

Growing Demands

The Cabinet’s approval to expand the Supreme Court’s strength marks a significant step towards strengthening India’s judicial infrastructure. Once passed by Parliament, the amendment is expected to boost the court’s capacity and ensure quicker justice delivery, aligning with the growing demands on the judiciary.

Read Also: SC Collegium Recommends 3 Judicial Officers as Andhra Pradesh High Court Judges – Full List, Process & Impact Explained


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