INCREASE IN SUPREME COURT JUDGE STRENGTH

Why In News?

The Union Cabinet has approved the Supreme Court (Number of Judges) Amendment Bill, 2026, to increase the number of Supreme Court Judges.  

Increase in the Judge Strength of the Supreme Court

Constitutional Framework

• Article 124(1) of the Constitution establishes the Supreme Court and dictates its composition.
• The Constitution originally provided for a Chief Justice of India (CJI) and not more than seven other Judges, leaving it up to the Parliament to prescribe a larger number by law.
• Articles 124 to 147 in Part V, Chapter 6 (The Union Judiciary) outline the Supreme Court's organization, independence, and jurisdiction.

Current Strength (2026 Amendment)

• The Union Cabinet recently approved the introduction of the Supreme Court (Number of Judges) Amendment Bill, 2026 in Parliament.
• The amendment increases the maximum number of Supreme Court judges by four, raising the strength from 33 to 37, excluding the Chief Justice of India.
• Financial Implication: Expenditure for the salaries, allowances, supporting staff, and other facilities for these additional judges will be met from the Consolidated Fund of India.

Evolution of Judge Strength 

The Parliament enacted the Supreme Court (Number of Judges) Act, 1956, which has been amended several times to accommodate the growing need for judges (Source: Press Information Bureau):

• 1950: Original constitutional strength of 8 (1 CJI + 7 Judges).
• 1956: Increased to 10 judges (excluding CJI).
• 1960: Increased to 13 judges.
• 1977: Increased to 17 judges.
• 1986: Increased to 25 judges.
• 2008: Increased to 30 judges.
• 2019: Increased to 33 judges.
• 2026 (Proposed): Increased to 37 judges.

Rationale Behind the Expansion

Alleviating Judicial Pendency: Judiciary faces a huge backlog, with over 5.1 crore cases pending by 2025, including more than 90,000 in the Supreme Court. (Source: National Judicial Data Grid)

Speedy Justice: A larger bench strength will allow the court to function more efficiently, accelerating case disposal and ensuring timely justice delivery.

Constitution Benches: Increased judge strength facilitates simultaneous benches, enabling more Constitution Benches to adjudicate legal and constitutional matters.

Way Forward

Holistic Reforms Required: Adding judges is insufficient alone; sustained efficiency requires addressing systemic delays like procedural complexities and frivolous litigation.

Filling Vacancies: Benefits of increased sanctioned strength are minimized unless the Collegium and executive accelerate the appointment process.

Regional Benches: To improve accessibility and reduce the New Delhi bench's workload, the 229th Law Commission Report (2009) and the Parliamentary Standing Committee proposed creating four regional benches.

Technological Integration: Expanding the E-Courts Mission Mode Project via digitization, online filing, and AI case management is essential for addressing judicial backlogs.

Source: PIB