Parliament has raised the Supreme Court's sanctioned strength from 34 to 38 judges, including the Chief Justice of India, to address a backlog exceeding 96,000 pending cases. The Supreme Court (Number of Judges) Amendment Bill, 2026 was passed by the Lok Sabha on 3 August 2026, following an earlier Ordinance that had already put the increased strength into effect.
What exactly changed?
The Bill revises the Supreme Court (Number of Judges) Act, 1956, substituting the previous strength of 33 judges (excluding the CJI) with 37, bringing the total sanctioned strength, including the Chief Justice, to 38.
Why was the strength increased?
To tackle a mounting case backlog. As of 1 January 2026, 92,101 cases were pending before the Supreme Court; a subsequent written parliamentary reply from the Law Minister put current pendency above 96,000. More sanctioned judges allows the Court to constitute more benches to hear matters concurrently. Tribunals across the country are seeing a parallel capacity and structural overhaul too, under the new National Tribunals Commission created by a separate 2026 reforms bill.
How did this take effect before Parliament even passed the Bill?
The government first promulgated an Ordinance while Parliament was not in session, which immediately raised the sanctioned strength. 5 judges were appointed under that revised strength before Parliament reconvened and formally passed the Bill, which then applies retrospectively from 16 May 2026.
Will this actually speed up my case?
It can help over time: more judges generally means more benches hearing matters, which can reduce overall listing delays. It doesn't guarantee a faster outcome for any specific case, since the complexity of your matter and how many hearings it genuinely needs still matter more than the Court's total capacity. The Court has also tightened its own adjournment rules in 2026 as a separate lever against delay, alongside this capacity increase.
Has this happened before?
Yes. The Supreme Court's sanctioned strength has been increased several times since it began with 8 judges in 1950, most recently to 34 (including the CJI) in 2019. The 2026 increase to 38 continues that pattern, driven by the same underlying pressure: rising case pendency outpacing the Court's existing capacity.
Disclaimer: This article is for general information only and is not legal advice.
Frequently asked questions
How many judges does the Supreme Court now have?
38, including the Chief Justice of India, up from 34. Parliament passed the Supreme Court (Number of Judges) Amendment Bill, 2026 on 3 August 2026, revising the Supreme Court (Number of Judges) Act, 1956 to substitute the previous strength of 33 judges (excluding the CJI) with 37.
When did this actually take effect?
The government first promulgated an Ordinance while Parliament was not in session, immediately raising the sanctioned strength; 5 judges were appointed under the revised strength before Parliament reconvened and passed the Bill. The amended provisions apply retrospectively from 16 May 2026.
Why did the government increase the Court's strength?
To address a mounting backlog: as of 1 January 2026, 92,101 cases were pending before the Supreme Court, with a later parliamentary reply putting current pendency above 96,000. More judges means more benches can hear matters concurrently.
Will this speed up my pending case?
More sanctioned judges generally allows the Court to constitute more benches and hear more matters, which can help reduce listing delays over time. It doesn't guarantee a faster outcome for any specific case, since complexity, the nature of the dispute, and how many hearings it needs still matter more than the Court's overall capacity.
Is this the first time the Supreme Court's strength has been increased?
No. The sanctioned strength has been increased multiple times since the Court was established with 8 judges in 1950, most recently to 34 (including the CJI) in 2019. The 2026 increase to 38 is the latest in that ongoing trend, driven by rising case pendency.