Cabinet clears proposal to raise Supreme Court strength to 38 judges

The Union Cabinet on Tuesday approved a proposal to increase the sanctioned strength of the Supreme Court of India to 38 judges, including the Chief Justice of India, from the current 33.

The government said the expansion is intended to improve the court’s efficiency and help tackle mounting case backlogs by enabling quicker disposal of matters. According to an official statement, the decision is expected to “ensure speedy justice” by strengthening judicial capacity at the apex level.

To give effect to the decision, the Centre will introduce the Supreme Court (Number of Judges) Amendment Bill, 2026 in Parliament. The proposed legislation seeks to amend the existing Supreme Court (Number of Judges) Act, 1956, which governs the sanctioned strength of the top court.

The financial implications, including salaries, allowances and infrastructure for additional judges and their staff, will be met from the Consolidated Fund of India, the statement added.

The strength of the apex court has been revised multiple times since Independence in response to rising litigation. Under Article 124 of the Constitution of India, Parliament is empowered to determine the number of judges in the Supreme Court.

Originally, the 1956 Act capped the number of judges, excluding the Chief Justice, at 10. This limit was raised to 13 in 1960 and to 17 in 1977. Although the sanctioned strength increased, the effective working strength remained restricted for a period before being fully operationalised in 1979 following a request from the Chief Justice.

A subsequent amendment in 1986 expanded the court’s strength to 25 judges, excluding the Chief Justice. In 2008, the number was further increased to 30. The most recent revision came in 2019, when Parliament raised the strength from 30 to 33 judges, excluding the Chief Justice.

Legal experts have long pointed to the growing burden on the Supreme Court, which handles constitutional matters, appeals and public interest litigation from across the country. As of recent estimates, tens of thousands of cases remain pending before the apex court, underlining the need for additional judicial capacity.

The proposed increase is expected to facilitate the constitution of more benches, reduce delays in hearings and improve access to justice, particularly in constitutionally significant and high-volume cases.