Lok Sabha Passes Bill to Increase Supreme Court Judge Strength to 38

August 4, 2026

The Lok Sabha on August 3, 2026, passed the Supreme Court (Number of Judges) Amendment Bill, 2026, by voice vote amid Opposition protests over unrelated issues. The legislation increases the maximum sanctioned strength of the Supreme Court of India from 34 to 38 judges, including the Chief Justice of India (CJI). This marks the first expansion of the apex court’s judicial capacity since 2019.

What Happened

The newly passed Bill replaces an executive ordinance promulgated under Article 123 of the Constitution in May 2026, when Parliament was not in session. That ordinance had temporarily expanded the sanctioned judicial strength, after which five judges were appointed to the apex court. The Supreme Court (Number of Judges) Amendment Bill, 2026 amends the Supreme Court (Number of Judges) Act, 1956, raising the number of ordinary (puisne) judges from 33 to 37, in addition to the Chief Justice of India.

Key Highlights

The total sanctioned judicial strength of the Supreme Court increases from 34 to 38 judges, including the Chief Justice of India.
The Bill replaces an ordinance promulgated by the Union Cabinet in May 2026.
Union Law Minister Arjun Ram Meghwal stated that the expansion aims to deliver speedy and effective justice while addressing a heavy workload.
As of January 1, 2026, a total of 92,101 cases were pending before the Supreme Court.
In 2025, the court received 75,410 fresh cases while disposing of 65,615 cases.
The history of judge strength shows growth from 8 in 1950 to 11 (1956), 14 (1960), 18 (1978), 26 (1986), 31 (2009), 34 (2019), and now 38 in 2026.

Why This Matters

The government cited the persistent gap between case filings and disposals as the primary reason for expanding judicial strength. According to Union Law Minister Arjun Ram Meghwal, the increase provides an immediate measure to boost the Supreme Court’s disposal capacity. Additionally, having more judges will allow the Chief Justice of India to constitute Constitution Benches—comprising at least five judges—more frequently to interpret substantial constitutional questions without disrupting regular court matters.

While the step directly targets Supreme Court pendency, broader judicial statistics highlight wider structural challenges. Case pendency across all Indian courts has crossed 5.5 crore, with lower courts holding the majority of cases. The India Justice Report 2025 revealed that India has 15.9 judges per million people, compared to the 50 judges per million recommended by the Law Commission of India in 1987. Legal experts note that while expanding the Supreme Court is a necessary step, addressing overall pendency requires filling judicial vacancies, improving case management, and strengthening High Courts and subordinate courts.

What to Watch Next

To take permanent effect, the Supreme Court (Number of Judges) Amendment Bill, 2026 must be considered and passed by the Rajya Sabha, followed by formal assent from the President of India. Once enacted into law, it will replace the ordinance and formally fix the Supreme Court’s sanctioned strength at 38 judges.

Frequently Asked Questions

How many judges will the Supreme Court have under the new legislation?

The Bill increases the sanctioned strength of the Supreme Court to 38 judges, comprising 37 puisne (ordinary) judges and the Chief Justice of India.

When was the Supreme Court’s judge strength last increased?

Prior to the 2026 amendment, the sanctioned strength of the Supreme Court was last increased in 2019, when Parliament raised the limit from 31 to 34 judges.

Why was an ordinance initially issued in May 2026?

The Union Cabinet approved the proposal in May 2026 when Parliament was not in session. Promulgating an ordinance allowed the sanctioned strength to increase immediately, enabling the appointment of five judges before Parliament convened.

Source: Based on reporting from The Hindu on parliamentary proceedings and judicial statistics.