Cabinet clears bill to increase Supreme Court judges to 38 from 34
The decision was necessary in view of the pendency of nearly 92,000 cases in the top court, the Union government said.
The Union Cabinet on Tuesday approved a bill to increase the number of the judges in the Supreme Court to 38 from 34, including the chief justice.
In a statement, the government said that the increase would allow the Supreme Court “to function more efficiently and effectively, ensuring speedy justice”.
The Cabinet’s approval of the 2026 Supreme Court Number of Judges Amendment Bill, which seeks to amend the 1956 law governing judicial strength, came ahead of the Monsoon Session of Parliament expected to be held in June or July.
Union minister Ashwini Vaishnaw said that the proposal was necessary in view of the pendency of nearly 92,000 cases in the Supreme Court.
He added that “the number of judges has increased by almost 50%” since 2014, when the Bharatiya Janata Party-led National Democratic Alliance government came to power.
In 2009, the sanctioned strength of the Supreme Court was increased to 31 from 26, though the additional positions were not fully filled till 2019. The last revision took place in 2019, when the number was raised to 34 from 31.
The process
Under Article 124(1) of the Constitution, Parliament has the authority to determine the sanctioned strength of the Supreme Court. The bill will now require parliamentary approval to amend the 1956 Act.
Once the amended law takes effect, the Supreme Court collegium will recommend names to the government for appointment to the additional posts.
As of now, the Supreme Court has 32 judges against the sanctioned strength of 34, with two vacancies.
The positions became vacant after BR Gavai retired as the chief justice retired in November and Justice Rajesh Bindal in April, The Indian Express reported.
Three more judges are scheduled to retire this year.
If the bill is passed, the collegium headed by Chief Justice Surya Kant may have to recommend at least nine appointments to fill existing and possible vacancies, and the newly created positions, the newspaper reported. Kant’s tenure ends in February 2027.
When the Supreme Court was created in 1950, it had only eight judges, including the chief justice.
The court’s strength was subsequently increased to 11 in 1956, 14 in 1960, 18 in 1977, 26 in 1986 and 31 in 2009 before being raised to 34 in 2019.
Also read: Why increasing the strength of the Supreme Court will not help clear the growing case backlog
