Supreme Court judge strength increased to 38 after President Droupadi Murmu approved the Supreme Court (Number of Judges) Amendment Ordinance 2026 to reduce pending cases and improve justice delivery in India.
Introduction to the Major Judicial Reform
In a significant move aimed at strengthening India’s judicial system, President Droupadi Murmu approved the increase in the sanctioned strength of judges in the Supreme Court of India from 34 to 38, including the Chief Justice of India (CJI). The decision was implemented through the Supreme Court (Number of Judges) Amendment Ordinance, 2026.
The amendment raises the number of judges from 33 to 37 excluding the CJI. This step has been taken to address the growing backlog of pending cases and ensure faster delivery of justice across the country.
Cabinet Approval and Government Initiative
Earlier, the Union Cabinet headed by Prime Minister Narendra Modi approved the proposal on May 5, 2026. The government then recommended the promulgation of the ordinance to bring the change into immediate effect.
Union Law Minister Arjun Ram Meghwal announced that the President had approved the increase in judicial strength under the amended law. The ordinance modifies the Supreme Court (Number of Judges) Act, 1956.
Objective Behind Increasing the Number of Judges
India’s Supreme Court has been facing an enormous burden of pending cases for several years. According to government statements, more than 92,000 cases are currently pending before the apex court. Increasing the number of judges is expected to improve judicial efficiency and reduce delays in justice delivery.
The expansion of judicial capacity may also help the court constitute more benches simultaneously, thereby speeding up hearings and disposal of cases. Legal experts believe that this move will strengthen the functioning of constitutional benches and reduce workload pressure on existing judges.
Importance of the Supreme Court in India
The Supreme Court of India is the highest judicial authority in the country and serves as the guardian of the Constitution. It has the power of judicial review, interpretation of constitutional provisions, and protection of fundamental rights.
The Supreme Court also resolves disputes between the Centre and states and hears appeals from High Courts across the country. Therefore, increasing its strength is viewed as a crucial step toward improving the justice delivery system.
Ordinance Route and Constitutional Provision
The President promulgated the ordinance under Article 123 of the Constitution, which empowers the President to issue ordinances when Parliament is not in session.
The ordinance comes into force immediately but must later be approved by Parliament within the stipulated constitutional period. The government is expected to introduce a bill in Parliament to replace the ordinance with a permanent law.
Impact on Judicial Appointments
With the increase in sanctioned strength, the Supreme Court Collegium will need to recommend additional judges for appointment. Reports indicate that there are already vacancies in the apex court, and the increase creates more positions to be filled.
This may open opportunities for representation from different High Courts and could improve diversity in the judiciary.
Why This News is Important
Important for Judiciary and Governance
The increase in the number of Supreme Court judges is highly important because it directly affects the efficiency of India’s judicial system. Delayed justice has been a long-standing concern in the country, with lakhs of cases pending in various courts. By increasing judicial strength, the government aims to accelerate the disposal of cases and reduce the burden on judges.
This decision is especially relevant for governance and constitutional administration because the Supreme Court plays a central role in protecting democratic values, interpreting laws, and resolving constitutional disputes.
Important for Competitive Exams
This development is extremely important for aspirants preparing for UPSC, State PCS, SSC, Banking, Railways, Defence, Judiciary, and teaching examinations. Questions may be asked about:
- Article 124 and Article 123 of the Constitution
- Structure and composition of the Supreme Court
- Ordinance-making powers of the President
- Judicial reforms in India
- Pendency of cases and judicial administration
Students should remember that the sanctioned strength has now increased to 38 judges including the Chief Justice of India.
Significance for Judicial Reforms
The move is also part of broader judicial reform efforts aimed at improving access to justice and strengthening institutional capacity. Experts believe that increasing judge strength alone may not fully solve pendency issues, but it is an important step toward improving judicial functioning.
Historical Context
Evolution of Supreme Court Judge Strength
The original Constitution of India provided for a Chief Justice and seven other judges in the Supreme Court. Over time, as the population increased and litigation expanded, Parliament periodically increased the sanctioned strength of judges.
The strength of the Supreme Court has been revised multiple times through amendments to the Supreme Court (Number of Judges) Act, 1956.
Previous Increase in 2019
Before the latest amendment, the strength of the Supreme Court was increased in 2019 from 31 judges to 34, including the Chief Justice of India.
The 2026 increase from 34 to 38 marks another major expansion aimed at handling the increasing volume of constitutional, civil, criminal, and public interest litigation cases.
Growing Concern Over Case Backlog
India’s judiciary has long struggled with case pendency. The Supreme Court alone handles thousands of fresh cases every year. Legal scholars and policymakers have repeatedly recommended increasing judge strength and improving judicial infrastructure to ensure timely justice delivery.
The latest ordinance reflects the government’s recognition of these challenges and its attempt to improve the effectiveness of the apex judiciary.
Key Takeaways from This News
| S.No. | Key Takeaway |
|---|---|
| 1 | President Droupadi Murmu approved increasing Supreme Court judge strength from 34 to 38. |
| 2 | The number of judges excluding the Chief Justice increased from 33 to 37. |
| 3 | The change was made through the Supreme Court (Number of Judges) Amendment Ordinance, 2026. |
| 4 | The objective is to reduce pendency of cases and speed up justice delivery. |
| 5 | The ordinance was promulgated under Article 123 of the Constitution. |
FAQs on Increase in Supreme Court Judge Strength
1. What is the new sanctioned strength of the Supreme Court of India?
The sanctioned strength of the Supreme Court has been increased from 34 to 38 judges, including the Chief Justice of India (CJI).
2. Which ordinance increased the number of Supreme Court judges?
The increase was made through the Supreme Court (Number of Judges) Amendment Ordinance, 2026.
3. Who approved the increase in the strength of Supreme Court judges?
President Droupadi Murmu approved the increase after the recommendation of the Union Cabinet.
4. Which constitutional article empowers Parliament to determine the number of Supreme Court judges?
Article 124(1) of the Constitution empowers Parliament to determine the number of judges in the Supreme Court.
5. Under which constitutional provision can the President issue an ordinance?
The President can issue an ordinance under Article 123 of the Constitution when Parliament is not in session.
6. Why was the strength of Supreme Court judges increased?
The strength was increased to reduce the backlog of pending cases and ensure faster delivery of justice. More than 92,000 cases are pending in the apex court.
7. What was the previous increase in Supreme Court judge strength before 2026?
The previous increase took place in 2019 when the number of judges was raised from 31 to 34, including the Chief Justice of India.
8. Which ministry issued the gazette notification for the ordinance?
The Ministry of Law and Justice issued the gazette notification regarding the amendment ordinance.
9. What is the role of the Supreme Court in India?
The Supreme Court is the apex judicial body in India. It protects the Constitution, safeguards fundamental rights, and acts as the highest court of appeal.
10. Why is this topic important for competitive exams?
This topic is important for UPSC, State PCS, SSC, Banking, Railways, Defence, Judiciary, and Teaching exams because it relates to constitutional provisions, judiciary structure, and governance reforms.
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