Strength of Supreme Court Judges

Strength of Supreme Court Judges

  • Context:

  • The Union Cabinet, chaired by the Prime Minister, has approved the introduction of The Supreme Court (Number of Judges) Amendment Bill, 2026 in Parliament.

  • This bill seeks to amend the 1956 Act to increase the sanctioned strength of Supreme Court judges from the present 33 to 37 (excluding the Chief Justice of India).

  • The total strength, including the CJI, will consequently rise to 38.

  • Constitutional and Legal Framework:

  • Article 124 (1):

  • The Constitution originally provided for a Supreme Court consisting of a Chief Justice and not more than seven other Judges, until Parliament prescribed a larger number by law.

  • Article 124(1) grants Parliament the sole and exclusive authority to increase the sanctioned strength of the Supreme Court.

  • This is currently done by amending The Supreme Court (Number of Judges) Act, 1956.

  • Historical Increases in Judge Strength:

  • The 1956 Act originally set the maximum number of judges (excluding the CJI) to 10.

  • The strength was progressively increased by amendments in 1960 (to 13), 1977 (to 17), 1986 (from 17 to 25), and 2008 (from 25 to 30).

  • Prior to the current 2026 proposal, the strength was last increased six years ago, in 2019, from 30 to 33 (excluding the CJI).

  • Need for the Current Increase:

  • Mounting Backlog:

  • The Cabinet approval is a strategic step to manage the severe, continuing crisis of case pendency that has plagued the top court, especially following the pandemic when e-filing drastically increased the inflow of cases.

  • The current backlog stands at an alarming 92,385 cases (As per National Judicial Data Grid)

  • Vacancies:

  • At present, there are two judicial vacancies in the Supreme Court, with three more judges scheduled to retire later in 2026.

  • Appointment and Financials:

  • Once the amended law comes into force, the Supreme Court Collegium will recommend judges to the government to fill these new positions.

  • The expenditure on the salaries of these additional judges and their supporting staff will be met from the Consolidated Fund of India.