Supreme Court Judge Strength Increased to 38: President Approves Ordinance to Clear 92000 Case Backlog

President Draupadi Murmu has promulgated the Supreme Court (Number of Judges) Amendment Ordinance, 2026, increasing the sanctioned strength of the Supreme Court of India from 34 to 38 judges, including the Chief Justice of India. The Ordinance was notified in the Gazette of India on 16 May 2026 after the Union Cabinet approved the proposal on 5 May 2026. This is the most significant expansion of the Supreme Court's bench strength in recent years, aimed at addressing a backlog of over 92,000 pending cases that has been compounded by the post-pandemic surge in digital e-filings.

Timeline of the Supreme Court Strength Expansion

The process began on 5 May 2026 when the Union Cabinet, chaired by Prime Minister Narendra Modi, approved the proposal to introduce the Supreme Court (Number of Judges) Amendment Bill, 2026 in Parliament. The Bill sought to amend the Supreme Court (Number of Judges) Act, 1956, which was originally enacted under Article 124(1) of the Constitution to fix the number of judges of the Supreme Court. Since Parliament was not in session, the President promulgated the Ordinance under Article 123 of the Constitution on 16 May 2026. Union Law Minister Arjun Ram Meghwal confirmed the President's approval on 17 May 2026. The amendment increases the number of puisne judges from 33 to 37, bringing the total with the Chief Justice to 38.

Case Backlog and the Rationale for More Judges

The Supreme Court had a backlog of 92,385 pending cases as of early 2026, a number that has been steadily rising over the past several years. The post-pandemic period saw a significant increase in e-filings, which made it easier for litigants to approach the Court but simultaneously increased the volume of cases requiring disposal. The Supreme Court has repeatedly flagged the pendency issue, with successive Chief Justices advocating for an increase in judge strength. The four additional judges will allow the Court to constitute more benches, particularly the two-judge benches that hear the bulk of regular matters. The expansion is also expected to reduce the average wait time for hearing of cases and the time taken from filing to final disposal. The previous expansion from 31 to 34 judges occurred in 2019, when Parliament amended the Act to add three more positions.

Constitutional and Legal Framework for Judge Appointments

Article 124(1) of the Constitution provides that the Supreme Court shall consist of a Chief Justice of India and, until Parliament by law prescribes a larger number, not more than seven other judges. Parliament has exercised this power multiple times through amendments to the Supreme Court (Number of Judges) Act, 1956, progressively increasing the sanctioned strength from the original 8 to the current 38. The appointment of judges to the Supreme Court is governed by the collegium system, under which the Chief Justice of India and the four senior-most judges recommend candidates for appointment. The collegium system was established by the Supreme Court in the Second Judges Case (1993) and Third Judges Case (1998). The four new positions created by the Ordinance will be filled through the collegium process, with the CJI expected to initiate recommendations in due course.

Key Takeaways

The increase in Supreme Court judge strength from 34 to 38 is a significant step toward addressing the Court's growing case backlog. The Ordinance route was used because Parliament was not in session, and the expansion will need to be ratified by Parliament within six weeks of the next session, or it will lapse. The four new positions will be filled through the collegium system, with recommendations expected from the CJI. The expansion is expected to allow more constitution benches to be formed for hearing important constitutional questions alongside the regular two-judge benches that handle the bulk of cases. This is the second expansion of the Supreme Court within a decade, following the increase from 31 to 34 in 2019, reflecting the judiciary's growing caseload in a litigious society with expanding access to courts through digital filing systems.