SYLLABUS
GS-2: Indian Constitution—Amendments, Significant Provisions and Basic Structure; Structure, Organization and Functioning of the Judiciary; Appointment to various Constitutional Posts, Powers, Functions and Responsibilities of various Constitutional Bodies.
Context: The Union Cabinet has approved the introduction of the Supreme Court (Number of Judges) Amendment Bill, 2026, proposing an increase in the sanctioned strength of judges in the Supreme Court of India.
More on the News
- The strength will be raised from 33 to 37 judges (excluding the Chief Justice of India), taking the total strength to 38, including the CJI.
- The financial implications, including salaries and infrastructure, will be met from the Consolidated Fund of India, ensuring institutional support.
- This marks the second expansion in the last six years, reflecting the dynamic adjustment of judicial capacity based on workload.
Constitutional and Legal Framework
- Article 124(1) of the Constitution provides that the Supreme Court shall consist of the Chief Justice of India and such number of judges as Parliament may prescribe.
- The strength of the Court is determined through the Supreme Court (Number of Judges) Act, 1956, which has been amended periodically.
- Parliament retains the authority to increase or modify the number of judges in response to changing judicial requirements.
Historical Evolution of Judge Strength
- At its inception in 1950, the Supreme Court had 8 judges (including the CJI).
- The process to increase the strength of the judges of the SC started with the Supreme Court (Number of Judges) Act 1956, which increased the maximum number of Judges (excluding the Chief Justice of India) to 10.
- Excluding the CJI, the number of other judges was further increased to 13 in 1960 by the Supreme Court (Number of Judges) Amendment Act, 1960, 17 in 1977, 25 in 1986, 30 in 2008, and most recently to 33 in 2019.
- The 2026 proposal continues this trend of incremental expansion aligned with judicial workload and national needs.
Rationale Behind the Increase
- Rising Pendency of Cases: The Supreme Court faces a significant backlog of cases, and increasing judge strength is aimed at improving disposal rates and reducing delays in justice delivery.
- The Supreme Court continues to face a very high and rising backlog, with around 92,000 cases pending in March 2026.
- Expanding Scope of Judicial Functions: The Court’s role has expanded to include constitutional interpretation, public interest litigation, governance issues, and complex commercial disputes, thereby increasing workload.
- Increasing Case Complexity: Modern litigation involves technology, economic regulation, and transnational issues, requiring more judicial time and expertise per case.
- Need for Institutional Efficiency: Additional judges will allow the Court to constitute more benches simultaneously, thereby enhancing efficiency and ensuring quicker adjudication.
Significance / Implications of the Move
- Improved Access to Justice: Increasing the number of judges will enable faster hearings and judgments, thereby improving citizens’ access to timely and effective justice.
- Strengthening Rule of Law: Speedier disposal of cases will enhance public confidence in the judiciary and reinforce the rule of law in a democratic system.
- Enhanced Judicial Capacity: A larger bench strength will allow the Supreme Court to handle both constitutional and routine matters more effectively without overburdening existing judges.
- Better Case Management: More judges will enable the formation of specialised benches and improve case allocation, leading to more efficient judicial administration.
- Support for Economic Growth: Faster resolution of commercial disputes and regulatory matters will improve the business environment and investor confidence.