Supreme Court (Number of Judges) Amendment Bill, 2026
The Union Cabinet has approved the Supreme Court (Number of Judges) Amendment Bill, 2026, proposing an increase in the sanctioned strength of judges of the Supreme Court of India from 33 to 37 judges (excluding the Chief Justice of India). The move aims to strengthen the country's highest judicial institution, reduce the growing backlog of cases, and ensure faster delivery of justice.
Why is it in News?
The Union Cabinet has approved the Supreme Court (Number of Judges) Amendment Bill, 2026, which seeks to amend the Supreme Court (Number of Judges) Act, 1956. The amendment proposes increasing the sanctioned strength of Supreme Court judges from 33 to 37, excluding the Chief Justice of India (CJI).
The proposed increase is intended to improve the efficiency of the Supreme Court by enabling quicker disposal of cases and reducing the mounting pendency before the country's highest court.
Constitutional Basis of the Supreme Court
The Supreme Court of India is the apex judicial institution established under Article 124 of the Constitution of India. It serves as the guardian of the Constitution, protector of Fundamental Rights, and the final court of appeal in the country.
Article 124 of the Constitution
- Provides for the establishment of the Supreme Court of India.
- States that the Court shall consist of the Chief Justice of India (CJI) and such number of other judges as Parliament may prescribe by law.
- Empowers Parliament to increase or decrease the sanctioned strength of judges through legislation.
The Supreme Court (Number of Judges) Act, 1956
To operationalize Article 124, Parliament enacted the Supreme Court (Number of Judges) Act, 1956. The Act initially fixed the strength of the Supreme Court at 10 judges, excluding the Chief Justice of India.
As India's population, litigation, and constitutional responsibilities expanded, Parliament amended the Act several times to increase the sanctioned strength of the Supreme Court.
Evolution of the Strength of the Supreme Court
| Year | Judge Strength (Excluding CJI) | Remarks |
|---|---|---|
| 1956 | 10 | Original strength fixed under the Supreme Court (Number of Judges) Act, 1956. |
| 1960 | 13 | First increase in judicial strength. |
| 1977 | 17 | Expanded to meet increasing judicial workload. |
| 1986 | 25 | Major expansion due to rising litigation. |
| 2008 | 30 | Further increase to improve judicial efficiency. |
| 2019 | 33 | Current sanctioned strength before the 2026 amendment. |
| 2026 (Proposed) | 37 | Proposed under the Supreme Court (Number of Judges) Amendment Bill, 2026. |
What does the Amendment Bill, 2026 propose?
The proposed amendment seeks to increase the sanctioned strength of judges of the Supreme Court from 33 to 37 judges, excluding the Chief Justice of India.
Once enacted, the total working strength of the Supreme Court will become 38 judges, including the Chief Justice of India.
After the law comes into force, appointments against the newly created vacancies will be made through the existing constitutional appointment process involving the Supreme Court Collegium, the Union Government, and the President of India.
Did You Know?
The sanctioned strength of judges does not necessarily mean that all positions are filled at all times. Vacancies may continue to exist until appointments are made through the constitutional appointment process.
How are Supreme Court Judges Appointed?
The appointment of judges to the Supreme Court is carried out through the Collegium System, which has evolved through a series of Supreme Court judgments known as the Three Judges Cases. Although the Constitution provides that judges are appointed by the President, in practice the recommendations of the Collegium play the central role in the appointment process.
Appointment Process of Supreme Court Judges
| Step | Process |
|---|---|
| 1 | The Chief Justice of India (CJI), in consultation with the Collegium, identifies suitable candidates. |
| 2 | The Collegium recommends the names to the Union Law Minister. |
| 3 | The Union Law Minister forwards the recommendations to the Prime Minister. |
| 4 | The Prime Minister advises the President of India. |
| 5 | The President formally appoints the judges of the Supreme Court. |
Why is the Increase in Judge Strength Significant?
The proposed increase in the sanctioned strength of the Supreme Court is aimed at improving the efficiency of the justice delivery system. With the rapid increase in litigation, constitutional matters, and appeals from High Courts across the country, the workload of the Supreme Court has grown considerably.
- Reduction in Pendency: More judges can hear a larger number of cases simultaneously, thereby reducing the backlog.
- Speedier Justice: Increasing judicial capacity can shorten the time taken for disposal of civil, criminal, constitutional, and public interest matters.
- Better Constitution Bench Availability: Additional judges make it easier to constitute Constitution Benches for important constitutional questions without affecting the hearing of regular matters.
- Improved Access to Justice: Faster disposal of cases strengthens citizens' faith in the judicial system.
- Efficient Case Management: A larger bench strength enables better allocation of judicial work across different subject categories.
Pendency of Cases
According to the latest available data, the Supreme Court is dealing with approximately 92,926 pending cases. The increase in sanctioned judicial strength is expected to assist in reducing this backlog and improving the overall efficiency of the apex court.
Supreme Court Judge Strength at a Glance
| Before Amendment | After Amendment |
|---|---|
| Chief Justice of India + 33 Judges (Total Strength: 34) | Chief Justice of India + 37 Judges (Total Strength: 38) |
Exam Focus
Prelims
- Article 124
- Supreme Court (Number of Judges) Act, 1956
- Supreme Court (Number of Judges) Amendment Bill, 2026
- Collegium System
- Appointment of Supreme Court Judges
- Chief Justice of India
Mains
- Judicial reforms in India.
- Pendency of cases and judicial efficiency.
- Independence of the judiciary.
- Appointment of judges and the Collegium System.
- Access to justice and institutional strengthening.
Key Takeaways
- The Supreme Court (Number of Judges) Amendment Bill, 2026 proposes increasing the sanctioned strength of Supreme Court judges from 33 to 37, excluding the Chief Justice of India.
- Article 124 empowers Parliament to determine the number of judges of the Supreme Court.
- The Supreme Court (Number of Judges) Act, 1956 originally fixed the strength of the Court at 10 judges, excluding the Chief Justice of India.
- The Supreme Court's strength has been increased several times through amendments in 1960, 1977, 1986, 2008, 2019, and now proposed in 2026.
- Appointments to the Supreme Court are made through the Collegium System and are formally made by the President of India.
- The increase in judicial strength aims to reduce pendency, improve judicial efficiency, and ensure timely delivery of justice.
Conclusion
The proposed increase in the sanctioned strength of the Supreme Court marks an important step towards strengthening India's judicial infrastructure. As the apex court continues to face an increasing volume of constitutional, civil, criminal, and public interest matters, expanding its judicial capacity can contribute to faster case disposal and improved access to justice. However, increasing the number of judges alone is not sufficient. Timely appointments, efficient case management, technological reforms, and adequate judicial infrastructure must complement the expansion to ensure a more effective and responsive justice delivery system.
Frequently Asked Questions (FAQs)
1. What does the Supreme Court (Number of Judges) Amendment Bill, 2026 propose?
The Bill proposes increasing the sanctioned strength of Supreme Court judges from 33 to 37, excluding the Chief Justice of India.
2. Which Article of the Constitution deals with the Supreme Court?
Article 124 of the Constitution provides for the establishment, composition, and appointment of judges of the Supreme Court.
3. Who appoints judges of the Supreme Court?
Judges are formally appointed by the President of India after the recommendations of the Supreme Court Collegium are processed through the Union Government.
4. What is the Collegium System?
The Collegium System is the judicial mechanism through which the Chief Justice of India and senior-most Supreme Court judges recommend appointments and transfers of judges.
5. Why is increasing the number of Supreme Court judges important?
Increasing judicial strength helps reduce case pendency, enables quicker disposal of matters, and improves the overall efficiency of the justice delivery system.
6. Why is this topic important for competitive examinations?
Questions relating to Article 124, the Supreme Court, judicial appointments, the Collegium System, and judicial reforms are frequently asked in Judiciary, UPSC, CLAT, CUET LLB, APO, JLO, and State PSC examinations.
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