Cabinet clears Bill to increase strength of SC judges to 38 from 34

The Union Cabinet cleared a proposal to introduce The Supreme Court (Number of Judges) Amendment Bill, 2026, which will raise the total sanctioned strength o...

What Happened

The Union Cabinet cleared a proposal to introduce The Supreme Court (Number of Judges) Amendment Bill, 2026, which will raise the total sanctioned strength of the Supreme Court from 34 to 38 judges — an addition of four judges.
The count of 34 includes the Chief Justice of India; the legislation technically amends the number of "other judges" (excluding CJI) from 33 to 37.
The amendment bill is to be introduced in Parliament; once enacted and assented to by the President, it operationalizes Article 124(1) of the Constitution, which leaves the court's numerical composition to parliamentary law.
The expansion directly addresses the Supreme Court's record case pendency — the court crossed 92,000 pending matters in January 2026.
Union Minister for Law and Justice Ashwini Vaishnaw stated the bill would be tabled in the upcoming parliamentary session.

Static Topic Bridges

Article 124(1): Parliament's Power to Prescribe the Supreme Court's Size

Article 124 of the Constitution, 1950, establishes the Supreme Court and creates a flexible architecture for its composition. Rather than fixing the number of judges, the framers chose to vest that determination in Parliament through ordinary legislation. Article 124(1) provides that the Supreme Court shall consist of a Chief Justice and "such number of other judges as Parliament may by law prescribe."

Article 124(1): empowers Parliament to determine SC judge strength by law — simple majority bill suffices
Article 124(2): governs appointment of judges — President acts on collegium recommendation
Article 124(4): removal of a SC judge requires an address by both Houses with a special majority (two-thirds of members present and voting, and a majority of the total membership of each House) — the only provision requiring a special majority in SC judge-related matters
The number of judges is NOT a constitutional matter requiring amendment under Article 368; it is decided by ordinary legislation
Judges hold office until age 65 (Article 124(2))

Connection to this news: The Cabinet approval of the Amendment Bill, 2026 is the executive step that precedes Parliament exercising its power under Article 124(1) to prescribe a new, higher number of judges.

The Supreme Court (Number of Judges) Act, 1956 — Legislative History

Parliament enacted the Supreme Court (Number of Judges) Act, 1956 to give concrete statutory form to Article 124(1)'s delegation. The Act has been the vehicle for every upward revision of SC bench strength since 1956. Its amendment history mirrors the evolution of India's judicial workload and governance demands.

Original Act (1956): prescribed maximum of 11 judges (10 + CJI)
Amended in 1960 → 14 judges; 1978 → 18 judges; 1986 → 26 judges; 2009 → 31 judges; 2019 → 34 judges
The 2019 amendment (30 to 33 excluding CJI, i.e., 31 to 34 total) followed a request from then-CJI Ranjan Gogoi
The 2026 Amendment Bill is the seventh amendment to the Act since its enactment
Each amendment has required a simple majority in both Houses of Parliament and Presidential assent — not a constitutional amendment

Connection to this news: The Supreme Court (Number of Judges) Amendment Bill, 2026 is the next chapter in this legislative series, responding to the court's highest-ever pendency figure of over 92,800 cases.

Case Pendency as a Constitutional Concern

The right to a speedy trial and timely justice are implicit in Article 21 (Right to Life and Personal Liberty) of the Constitution. The Supreme Court itself has repeatedly held — in cases such as Hussainara Khatoon v. State of Bihar (1979) — that the right to speedy trial is a fundamental right. Systemic judicial delays thus create constitutional accountability for the state.

Hussainara Khatoon v. State of Bihar (1979): SC held the right to speedy trial is part of Article 21
P. Ramachandra Rao v. State of Karnataka (2002): SC reiterated speedy trial as a fundamental right but cautioned against mechanical application
Supreme Court pendency (January 2026): 92,828 cases — all-time high
Total judicial backlog across India (March 2026): over 55.8 million cases
District courts account for over 85% of total pendency (49 million+ cases)
Additional judges can increase the number of simultaneous benches, accelerating disposal of special leave petitions, constitutional references, and appellate matters

Connection to this news: The 38-judge bench will enable the Supreme Court to constitute additional division benches, directly expanding daily disposal capacity and responding to the constitutional imperative of timely justice under Article 21.

The Collegium System: Translating Legislative Expansion into Appointments

An increase in sanctioned strength is only the first step; the collegium system determines who actually fills the new posts. The collegium — comprising the CJI and the four most senior judges of the Supreme Court — recommends names to the President for appointment under Article 124(2). Its evolution through landmark cases makes it a recurring UPSC Mains topic.

Collegium composition: CJI + 4 most senior judges (established by Third Judges Case, 1998)
First Judges Case (S.P. Gupta v. Union of India, 1981): executive primacy in appointments
Second Judges Case (Supreme Court Advocates-on-Record Association v. Union of India, 1993): judicial primacy; collegium born
Third Judges Case (In re: Special Reference 1 of 1998): formalized five-member collegium
Fourth Judges Case (NJAC case, 2015): 99th Constitutional Amendment struck down; NJAC declared unconstitutional; collegium reaffirmed
Average time from collegium recommendation to Presidential appointment: several months

Connection to this news: Once Parliament enacts the 2026 Amendment Bill, the collegium will identify and recommend four additional judges. The real expansion of bench capacity will follow this appointment process.

Key Facts & Data

Bill: The Supreme Court (Number of Judges) Amendment Bill, 2026
Parent Act: The Supreme Court (Number of Judges) Act, 1956
Current total strength: 34 (CJI + 33 judges)
Proposed total strength: 38 (CJI + 37 judges)
Net addition: 4 judges
Majority required to pass the bill: simple majority in both Houses (ordinary legislation)
Constitutional basis: Article 124(1) of the Constitution of India
SC pendency (January 2026): 92,828 cases — all-time high
Total nationwide judicial backlog (March 2026): 55.8 million+ cases
India's judge-to-population ratio: ~15 per million (USA: ~150 per million)
Previous amendment: 2019 (strength raised from 31 to 34)
Landmark right-to-speedy-trial case: Hussainara Khatoon v. State of Bihar, 1979 (Article 21)