Government moves to expand Supreme Court strength to 38 judges amid mounting case backlog

The Union government on Monday introduced a Bill in the Lok Sabha to replace an ordinance that raised the sanctioned strength of judges in the Supreme Court from 34 to 38, amid concerns over mounting backlog of cases.

The legislation seeks to replace the Supreme Court (Number of Judges) Amendment Ordinance, 2026, promulgated in May, to increase the sanctioned strength of the court from 33 to 37, excluding the Chief Justice of India.

Union Law Minister Arjun Ram Meghwal introduced the Supreme Court (Number of Judges) Amendment Bill amid protests by Opposition members, who raised slogans over alleged NEET examination paper leak and claims of ‘theft’ of donations made to the Ram Temple in Ayodhya. The protests, however, did not prevent the introduction of the Bill.

The statement of objects and reasons attached to the Bill states that the apex court had 92,101 pending cases as of January 1, 2026, underscoring the need to expand its strength of judges. It adds that the Supreme Court has been functioning with nearly its full sanctioned strength of 34 judges since 2019. However, the number of fresh cases filed has continued to be higher than that of disposals. In 2025, the court registered 75,410 new cases while disposing of 65,615 matters, adding to the pendency.

The Bill states that the persistent gap between the institution and the disposal of cases has made docket management increasingly difficult, particularly in relation to older pending matters and cases requiring adjudication by larger Benches.

The government said augmenting the court’s strength was among the most effective measures to reduce the backlog of cases. It added that the increase in strength would enable the Chief Justice of India to constitute Constitution Benches more regularly to hear cases involving substantial questions of law.

A Financial Memorandum accompanying the Bill estimates that creating four additional posts of judges, along with the required supporting staff, will entail an annual recurring expenditure of approximately ₹10.56 crore. Also, a sum of ₹3.47 crore is expected to be incurred as one-time expenditure on official vehicles, furnishing official residences, and other related expenses, taking the total initial cost to about ₹14.04 crore.

In May this year, the Union Cabinet had approved the proposal to increase the top court’s sanctioned strength, following which the President promulgated an ordinance. After the ordinance came into effect, four judges were appointed to the Supreme Court against the enhanced sanctioned strength.

The Bill is expected to be debated and passed in the ongoing session of Parliament. If enacted, it will formalise the increase in the Supreme Court's strength, which is seen as a step towards improving judicial efficiency and reducing delays in the delivery of justice.