The Supreme Court Amendment Bill, 2026, proposes raising the number of judges other than the Chief Justice of India from 33 to 37. The court’s total sanctioned strength would consequently rise from 34 to 38.
Meghwal moved for permission to introduce the Bill amid persistent sloganeering from Opposition members, who were seeking discussions on examination irregularities, alleged financial wrongdoing linked to the Ayodhya Ram Temple and other issues. The legislation was introduced despite the disorder in the House.
The Bill is intended to replace an ordinance promulgated by President Droupadi Murmu in May. The Supreme Court Amendment Ordinance, 2026, had already increased the statutory ceiling from 33 to 37 judges, excluding the Chief Justice.
An ordinance must be approved by Parliament within six weeks of the beginning of its next session or it ceases to operate. The government has therefore placed the legislation before the Lok Sabha to give permanent statutory effect to the expanded strength.
The Union Cabinet cleared the proposal on May 5, citing the need to strengthen the court’s capacity, improve the disposal of cases and support faster delivery of justice. The measure marks the first increase in the Supreme Court’s sanctioned strength since 2019.
Five judges were appointed to the court on June 1 and took the oath of office the following day. The appointments brought the working strength closer to the ceiling established by the ordinance, although retirements and the time required to fill vacancies can cause the number of serving judges to fluctuate.
The expansion comes as the Supreme Court faces more than 95,000 pending cases. The total includes about 74,000 civil matters and more than 21,000 criminal cases. Thousands of petitions also remain under scrutiny, defective or awaiting formal listing.
More than 4,100 cases were instituted during the latest month covered by the court’s judicial data system, while around 1,500 were disposed of. The difference illustrates the continuing pressure created when fresh filings outpace disposal.
A larger bench is expected to allow the court to constitute more division benches, hear additional regular matters and allocate judges to constitution benches without severely affecting routine judicial work. Five-judge or larger benches are required to decide substantial questions involving interpretation of the Constitution.
The numerical expansion, however, is unlikely by itself to eliminate delays. Judicial capacity also depends on timely appointments, courtroom infrastructure, registry performance, case classification and the scheduling of hearings. Lawyers have long argued that repeated adjournments and the growing volume of special leave petitions also contribute to congestion.
The Constitution originally provided for a Supreme Court consisting of the Chief Justice and no more than seven other judges, unless Parliament prescribed a larger number. Parliament enacted the Supreme Court Act in 1956, fixing the number of judges excluding the Chief Justice at 10.
The ceiling was raised to 13 in 1960 and 17 in 1977. Further amendments increased it to 25 in 1986, 30 in 2009 and 33 in 2019. The latest proposal would add four positions to that statutory limit.
The 2019 expansion followed a request from then Chief Justice Ranjan Gogoi, who warned that rising pendency was limiting the court’s ability to form constitution benches and decide older cases. Parliament passed that amendment swiftly, raising the total sanctioned strength, including the Chief Justice, to 34.
The 2026 Bill retains the existing appointment system. Supreme Court judges will continue to be appointed by the President following recommendations initiated through the collegium headed by the Chief Justice of India. Candidates are generally selected from chief justices and senior judges of the high courts, although distinguished lawyers may also be elevated directly.
The legislation does not specify an immediate timetable for filling all four additional positions. Appointments will depend on collegium recommendations, government processing and presidential approval.
