Parliament Passes Bill to Raise Supreme Court Judge Strength

Parliament has approved legislation increasing the sanctioned strength of Supreme Court judges from 33 to 37, excluding the Chief Justice of India, taking the total sanctioned strength to 38.

Parliament has passed the Supreme Court (Number of Judges) Amendment Bill, 2026, clearing the way for an increase in the sanctioned strength of judges at India's highest court. The legislation raises the number of Supreme Court judges, excluding the Chief Justice of India, from 33 to 37. Including the CJI, the total sanctioned strength rises from 34 to 38.

The Bill was passed by the Lok Sabha on August 3 and by the Rajya Sabha on August 5. President Droupadi Murmu subsequently gave her assent, converting the legislation into the Supreme Court (Number of Judges) Amendment Act, 2026.

The increase is intended to strengthen the judicial capacity of the Supreme Court amid a substantial and continuing case backlog.

Judge Strength Raised By Four

The amendment changes the Supreme Court (Number of Judges) Act, 1956. Under the legislation, the sanctioned strength of judges other than the CJI increases by four, from 33 to 37.

The Union Cabinet had approved the proposal in May, describing the expansion as a measure intended to allow the Supreme Court to function more efficiently and support faster disposal of cases.

The distinction between the 37 judges and the total strength of 38 is important. The 37 figure excludes the Chief Justice of India, while the CJI is included in the overall sanctioned strength.

Parliament Clears Legislation

Union Law and Justice Minister Arjun Ram Meghwal introduced the Bill in the Lok Sabha during the Monsoon Session.

The Lok Sabha approved the legislation on August 3. The Rajya Sabha subsequently considered the Bill and returned it to the Lok Sabha on August 5 after debate. Parliament's approval completed the legislative process, followed by presidential assent.

The legislation replaced an ordinance issued by President Droupadi Murmu in May that had temporarily increased the sanctioned strength pending parliamentary approval.

Case Pendency Behind Move

The expansion comes against the backdrop of a heavy workload at the Supreme Court.

Government data showed that the Court had a sanctioned strength of 34 judges, including the CJI, with 33 working judges and one vacancy as of March 20, 2026.

During the Lok Sabha discussion, the government cited the rising volume of litigation and the need to strengthen judicial capacity. News reports based on parliamentary proceedings said more than 92,000 cases were pending before the Supreme Court at the beginning of 2026.

The government has argued that additional judicial capacity can help improve case disposal and address mounting workload.

CJI Had Sought Expansion

The proposal to increase the sanctioned strength was also linked to a request from the judiciary.

During the Rajya Sabha discussion, Law Minister Arjun Ram Meghwal said the proposal followed a letter from Chief Justice of India Surya Kant to Prime Minister Narendra Modi seeking an increase in the Court's judge strength.

The move therefore came after consultations at the highest levels of the executive and judiciary over the Supreme Court's workload.

Opposition Raises Questions

The legislation received support from several members during the Rajya Sabha debate, although questions were also raised about the government's approach.

Congress MP Vivek Tankha questioned the rationale for initially using an ordinance to increase the number of judges and referred to the large number of pending cases.

Other members supported the increase but also highlighted the need for broader judicial reforms, including improvements in infrastructure and filling vacancies in High Courts.

The debate reflected a broader issue: increasing the number of judges can strengthen the Court's capacity, but judicial delays are also influenced by vacancies, court infrastructure, case management and the overall structure of litigation.

What The Law Changes

The amendment specifically changes the statutory ceiling on the number of Supreme Court judges.

The additional four positions increase the Court's capacity to constitute benches and distribute its workload.

However, an increase in sanctioned strength does not automatically mean that all positions are filled immediately. Appointments must follow the constitutional process for selecting Supreme Court judges.

Impact On Supreme Court

The expansion could provide greater flexibility in allocating judges to different benches and handling the Court's growing docket.

More judges could also allow the Court to constitute additional benches and devote greater judicial time to pending matters. The government's stated objective is to improve efficiency and facilitate faster justice.

At the same time, the impact will depend on how quickly the additional positions are filled and whether supporting infrastructure and administrative capacity keep pace with the larger Bench strength.

A Major Judicial Reform

The passage and enactment of the Supreme Court (Number of Judges) Amendment Bill marks a significant change in the statutory strength of India's apex court.

The key figure for reporting is 37 judges excluding the CJI, while the total sanctioned strength is now 38. The reform is aimed at strengthening the Court's capacity at a time when case pendency and workload remain major concerns.

With presidential assent already granted, the focus now shifts from legislation to implementation and appointments to the newly sanctioned positions.