Union Cabinet Approves Bill to Expand Supreme Court Strength from 34 to 38 Judges

The Union Cabinet, chaired by Prime Minister Narendra Modi, has approved a proposal to enhance the judge strength of the Supreme Court of India from 34 to 38, including the Chief Justice of India. The Supreme Court (Number of Judges) Amendment Bill, 2026, will be tabled in the next session of Parliament. This marks the first proposed increase in the Court's sanctioned strength since 2019, when it was raised from 31 to 34.

Why the Expansion Is Needed

The official statement from the Press Information Bureau noted that the increase would enable the Supreme Court to function more efficiently and effectively and reduce pendency. As of 30 April 2026, total pendency in the Supreme Court stood at 92,823 cases. The Court has consistently struggled with a growing backlog, with the number of pending cases rising steadily despite an increase in disposal rates.

The expansion also aligns with the growing complexity and volume of constitutional litigation before the Court. With the proliferation of matters involving fundamental rights, environmental law, commercial disputes, and federalism, additional judicial capacity is essential for timely adjudication.

Legislative Framework

The number of judges in the Supreme Court is governed by the Supreme Court (Number of Judges) Act, 1956. Section 2 of the Act provides that the maximum number of judges of the Supreme Court, other than the Chief Justice of India, shall be as specified by Parliament. The proposed amendment will increase this number from 33 (plus CJI) to 37 (plus CJI), bringing the total sanctioned strength to 38.

The Bill will need to be passed by both Houses of Parliament by simple majority. Once enacted, the Supreme Court Collegium will initiate the process of recommending names for the four additional positions.

Impact on Judicial Administration

The addition of four judges will enable the Court to constitute more benches for hearing matters simultaneously, potentially reducing the waiting time for listing of cases. It may also facilitate the constitution of larger benches — five-judge and seven-judge Constitution Benches — more frequently, which is critical for the resolution of questions involving interpretation of the Constitution.

However, the expansion addresses only part of the problem. Structural reforms in case management, the adoption of technology for virtual hearings, and reforms in the subordinate judiciary are equally essential for meaningful reduction in pendency across the Indian judicial system.