Govt moves to raise Supreme Court judges’ strength to 38, replace ordinance

Govt moves to raise Supreme Court judges' strength to 38, replace ordinance

Union law minister Arjun Ram Meghwal on Monday introduced the Supreme Court (Number of Judges) Amendment Bill, 2026, in the Lok Sabha to raise the strength of judges in the country’s top court from 33 to 37, excluding the Chief Justice of India (CJI). The Bill, moved on the opening day of Parliament’s Monsoon Session, seeks to replace an ordinance promulgated in May.

Event Context

“The additional judges will help the Supreme Court function more efficiently and ensure speedier justice,” Meghwal told the House. He added that the expansion was necessitated by a rising backlog of cases before the court.

The Lok Sabha also admitted a statutory resolution moved by the Opposition disapproving of the ordinance, a procedural step opposition members are entitled to take whenever a Bill is brought to replace one.

Team Analysis

Under the Constitution’s Article 124, Parliament alone has the power to fix the number of Supreme Court judges. Unlike high courts, where the President can expand strength through an executive order, any change to the apex court’s sanctioned strength needs an Act of Parliament.

The appointments of judges are made through the Collegium system, under which the CJI, in consultation with senior colleagues, recommends names to the law minister, who forwards them to the Prime Minister and, in turn, the President.

Legal experts note that simply adding judges may not by itself resolve pendency. The 18th Law Commission, in its 229th report, recommended setting up a Constitution Bench in Delhi along with regional benches, rather than only expanding numbers. It argued that appointment delays, and not sanctioned strength, have historically driven vacancies and backlogs.

Match Outlook

The Supreme Court (Number of Judges) Act, 1956, fixed the court’s strength at 10 judges, excluding the CJI. It has since been revised in 1960, 1977, 1986, 2008, 2019, and 2026, taking the strength, including the CJI, from 11 at inception to what will be 38 once this Bill is enacted.