Lok Sabha passes Bill to raise Supreme Court strength from 34 to 38 judges

The Lok Sabha on Monday (August 3, 2026) passed the Supreme Court (Number of Judges) Amendment Bill, 2026, which increases the sanctioned strength of the Supreme Court from 34 to 38 judges, including the Chief Justice of India (CJI). The Bill, introduced to replace an ordinance, was passed by voice vote without debate amid Opposition protests over unrelated matters. It now awaits consideration in the Rajya Sabha.

The Bill amends the Supreme Court (Number of Judges) Act, 1956, to increase the number of puisne (ordinary) judges from 33 to 37. With the CJI included, the apex court's sanctioned strength rises to 38. This is the first increase in the court's strength since 2019, when Parliament raised it from 31 to 34 judges.

The government has cited the growing backlog of cases in the Supreme Court as the primary reason for the increase. As on January 1, 2026, 92,101 cases were pending before the apex court. In 2025, the court received 75,410 fresh cases but disposed of only 65,615, despite functioning at nearly full sanctioned strength. According to the government, this persistent gap between institution and disposal of cases necessitated the increase.

Introducing the Bill in the Lok Sabha, Union Law Minister Arjun Ram Meghwal said the increase was aimed at ensuring speedy and effective justice by enabling the apex court to deal with its growing workload. The government argued that the proposal was one of the 'most exigent and viable solutions' to tackle pendency. It would also enable the Chief Justice of India to constitute Constitution Benches more frequently for cases involving substantial questions of constitutional law without disrupting regular hearings.

Legal experts largely agree that increasing the number of judges is necessary, but they caution that it is not a complete solution. Pendency is also linked to delays in judicial appointments, rising litigation, frequent adjournments, vacancies in High Courts and the subordinate judiciary, and the large number of appeals reaching the Supreme Court.

The total backlog of cases across all Indian courts has crossed 5.5 crore, with the bulk pending in lower courts. The India Justice Report, 2025, noted that there are 15.9 judges per million people, far below the Law Commission of India's recommendation of 50 judges per million made in 1987. The report also highlighted that in 22 of 25 States, cases pending for over three years in subordinate courts constitute 25% of all pending cases, and across 25 high courts, cases pending for over five years account for 51% of the total.

Given these figures, experts argue that improving case management, strengthening the High Courts, and filling vacancies across the judiciary are essential to meaningfully reduce pendency. The increase in Supreme Court strength, while welcome, is seen as one part of a larger reform needed in the judicial system.

The government had promulgated an ordinance under Article 123 of the Constitution in May 2026, when Parliament was not in session, to allow the increase to take effect immediately. The Bill replaces that ordinance and must now be passed by the Rajya Sabha before it becomes law.