Why has Parliament increased the number of Supreme Court judges? | Explained
Parliament increased the sanctioned strength of Supreme Court judges from 34 to 38 (33 puisne judges plus the Chief Justice of India, up from 33 including the CJI at 34 total)
The change was enacted through the Supreme Court (Number of Judges) Amendment Bill, 2026, which replaces an ordinance issued earlier in the year
The amended strength applies retrospectively from 16 May 2026
This is the first increase in the Court's sanctioned strength since 2019, when it was raised from 31 to 34
The increase was necessitated by rising case pendency, with the Court operating at near-full strength for several years despite a growing backlog
Article 124(1) — Composition and Strength of the Supreme Court
Article 124(1) of the Constitution establishes the Supreme Court of India, consisting of a Chief Justice of India and, "until Parliament by law prescribes a larger number," not more than seven other judges. This means the Constitution itself fixes only a floor (CJI + 7); the actual sanctioned strength is left to ordinary parliamentary legislation, not a constitutional amendment.
Key Details
- The original 1950 strength was 8 (1 CJI + 7 judges), the number named directly in Article 124(1)
- Parliament exercises this power through the Supreme Court (Number of Judges) Act, 1956, amended periodically to raise the ceiling
- Because it is ordinary legislation, only a simple majority in both Houses is required to change the sanctioned strength — unlike a constitutional amendment under Article 368
- Actual appointments to fill sanctioned vacancies still follow the collegium system evolved under the Second and Third Judges Cases, and formal appointment is via Article 124(2)
The 2026 increase to 38 was carried out exactly this way — an ordinary amending Act (via an ordinance later replaced by a Bill) raising the numerical ceiling under the Supreme Court (Number of Judges) Act, 1956, without touching Article 124 itself.
History of Supreme Court Strength Increases
The sanctioned strength of the Supreme Court has been raised periodically since 1950 to keep pace with rising litigation and the Court's expanding docket, most often on the recommendation of a sitting Chief Justice to the government.
Key Details
- Progression: 8 (1950) → 11 (1956) → 14 (1960) → 18 (1978) → 26 (1986) → 31 (2009) → 34 (2019) → 38 (2026)
- The 2019 increase followed a formal recommendation from the then Chief Justice of India to the Union government citing rising pendency
- Each increase required amending the Supreme Court (Number of Judges) Act, 1956, not the Constitution
- Full Court strength includes the Chief Justice of India plus puisne judges; benches typically sit in smaller compositions (2-judge or 3-judge benches), with Constitution Benches of 5 or more required for cases involving substantial questions of constitutional law under Article 145(3)
The 2026 Bill continues this six-decade pattern, becoming the eighth such increase and the first since 2019.
Judicial Pendency and Court Capacity
Rising pendency of cases before the Supreme Court is the recurring justification cited for expanding its sanctioned strength, reflecting the gap between new filings and case disposals each year.
Key Details
- Supreme Court pendency stood at over 90,000 cases as of early 2026
- New filings in the preceding year exceeded disposals by a significant margin, a pattern cited to justify the additional judge posts
- The Court had been functioning at or near its 2019-fixed strength of 34 for several years before the 2026 increase
- Constitutional and statutory mechanisms to address pendency also include ad hoc judges under Article 224A (for High Courts) and the National Judicial Data Grid for tracking case flow
The Bill's stated rationale directly links the additional four posts to the widening gap between filings and disposals at the apex court.
- New sanctioned strength: 38 (1 CJI + 37 judges), up from 34 (1 CJI + 33 judges)
- Legal instrument: Supreme Court (Number of Judges) Amendment Bill/Act, 2026, replacing an earlier ordinance
- Effective date: retrospective from 16 May 2026
- Previous increase: 2019, from 31 to 34 (31 puisne judges + CJI)
- Constitutional basis for Parliament's power: Article 124(1)
- Governing ordinary legislation: Supreme Court (Number of Judges) Act, 1956
- Pending cases before the Supreme Court: over 90,000 as of January 2026