Increase in Supreme Court Judge Strength

The Union Cabinet has approved the introduction of the Supreme Court (Number of Judges) Amendment Bill, 2026 to increase the sanctioned strength of the Supreme Court of India from 34 judges to 38 judges, including the Chief Justice of India (CJI). The proposal aims to improve the functioning of the apex court and address the growing pendency of cases.

The move comes at a time when courts across India are facing an increasing burden of litigation. A higher number of judges in the Supreme Court is expected to help in quicker disposal of cases and more efficient administration of justice.

Constitutional Basis for Increasing the Number of Judges

The Constitution of India empowers Parliament to increase the number of judges in the Supreme Court.

Article 124 of the Constitution

Article 124 provides for the establishment and constitution of the Supreme Court. It authorises Parliament to regulate the number of judges of the Supreme Court through legislation.

Originally, the Constitution provided for:

• One Chief Justice of India
• Seven other judges

However, the Constitution also gave Parliament the power to increase this number whenever necessary.

Therefore, the strength of the Supreme Court is not fixed permanently and can be changed according to the needs of the judicial system.

Legal Framework Governing the Strength of the Supreme Court

The number of judges in the Supreme Court is governed by the Supreme Court (Number of Judges) Act, 1956.

This law determines the sanctioned strength of the Court and has been amended several times over the years to increase the number of judges in response to rising case loads.

Procedure for Increasing Judge Strength

An increase in the strength of the Supreme Court requires:

• Introduction of an Amendment Bill in Parliament
• Passage of the Bill by both Houses of Parliament
• Approval through a simple majority
• Presidential assent after passage

Once the amendment becomes law, the sanctioned strength of the Court officially increases.

Growth in the Strength of the Supreme Court

The strength of the Supreme Court has gradually increased since 1950 due to the expansion of litigation and constitutional responsibilities.

The proposed increase in 2026 would raise the total number of judges to 38, including the Chief Justice of India.

Conclusion

The proposal to increase the strength of the Supreme Court from 34 to 38 judges reflects the growing need to strengthen India’s judicial system. The rise in litigation and increasing complexity of legal disputes have made expansion of judicial capacity necessary.

The move is expected to help in faster disposal of cases, better bench formation, and more timely delivery of justice. However, increasing the number of judges alone cannot fully address the challenges faced by the judiciary.