The Rajya Sabha on Wednesday approved the Supreme Court (Number of Judges) Amendment Bill, 2026, paving the way for an increase in the sanctioned strength of the Supreme Court from 34 to 38 judges, including the Chief Justice of India.
Union Law and Justice Minister Arjun Ram Meghwal informed the House during the debate that the legislative initiative followed a letter written by Chief Justice of India Surya Kant to Prime Minister Narendra Modi seeking an expansion of the apex court’s sanctioned strength.
According to Meghwal, the CJI had written to the Prime Minister on May 11, flagging the growing volume of litigation before the Supreme Court and the difficulty of sustaining the Court’s regular disposal rate while simultaneously constituting Constitution Benches to decide matters involving substantial questions of law.
The Law Minister explained that when Constitution Benches are constituted, judges who ordinarily hear regular matters are required to be assigned to those proceedings. This, in turn, affects the Court’s ability to maintain its routine rate of disposal.
The CJI had cited the nine-judge Constitution Bench constituted to consider the Sabarimala reference as an illustration of the competing demands on the Court’s judicial resources.
Following the CJI’s communication, the Union government promulgated an Ordinance on May 17 to increase the sanctioned strength of the Supreme Court. The subsequent Bill seeks to replace that Ordinance through an amendment to the Supreme Court (Number of Judges) Act, 1956.
The legislation was introduced in Parliament by Meghwal on July 20. The Lok Sabha subsequently passed it on August 3, and the Rajya Sabha has now approved it after debate. The legislation will take effect upon receiving Presidential assent.
Four Additional Judges Proposed
The Bill proposes increasing the number of Supreme Court judges other than the CJI from 33 to 37. Consequently, the overall sanctioned strength of the apex court would rise from 34 to 38.
The measure is intended, among other things, to provide the Court with greater judicial capacity to constitute Constitution Benches without substantially disrupting the hearing and disposal of ordinary matters.
Meghwal also linked the proposed expansion to the substantial pendency before the Supreme Court, describing the measure as part of broader efforts to improve judicial efficiency.
The present working strength of the apex court is 32 judges, including the CJI. The sanctioned strength was last enhanced in 2019, when Parliament increased the number of judges other than the CJI from 30 to 33.
Opposition Questions Impact Of Four-Judge Increase
The Bill triggered a wider discussion in the Upper House, with approximately 33 Members participating in the debate.
Senior Advocate and Rajya Sabha MP Vivek Tankha questioned the circumstances in which the government had chosen to promulgate the Ordinance. He also expressed reservations about whether adding only four judges would have a substantial impact on the Supreme Court’s mounting case backlog.
Senior Advocate and Rajya Sabha MP P Wilson raised a separate concern relating to diversity within the higher judiciary. He argued that the issue of representation in judicial appointments required structural consideration and also called for an increase in the retirement age of judges of the Supreme Court and High Courts.
Bar Council of India Chairman and Rajya Sabha MP Manan Kumar Mishra, meanwhile, drew attention to vacancies in the subordinate judiciary. He stressed that strengthening trial courts was equally crucial to tackling delays in the justice-delivery system.
Bill Does Not Require Constitutional Amendment
The proposed increase is being effected through an amendment to the Supreme Court (Number of Judges) Act, 1956, rather than through an amendment to the Constitution.
Article 124 of the Constitution provides for the Supreme Court to consist of the Chief Justice of India and such number of other judges as Parliament may prescribe by law.
The Bill therefore seeks to amend the statutory framework governing the sanctioned strength of the apex court. It does not require a constitutional amendment and can be enacted through a simple majority in Parliament.
The Union Cabinet had approved the proposal in May 2026 to increase the strength of Supreme Court judges by four, from 33 to 37 excluding the CJI. The legislation was subsequently introduced to replace the Ordinance issued for the same purpose.
With both Houses having approved the legislation, the proposed increase will take the Supreme Court’s sanctioned strength to 38 judges, including the Chief Justice of India, once Presidential assent is received.
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