News

Category — GS Paper 2 ///Published — 2026-05-07 ///Exam — Both Prelims and Mains ///Tags — Indian Constitution, Judiciary, Parliament ///Category — GS Paper 2 ///Published — 2026-05-07 ///Exam — Both Prelims and Mains ///Tags — Indian Constitution, Judiciary, Parliament ///

News · GS Paper 2

SC Strength Expansion: Cabinet Approves Bill to Increase Judges to 38

The Union Cabinet has approved the Supreme Court (Number of Judges) Amendment Bill, 2026, raising the Court's sanctioned strength from 34 to 38 judges (including CJI). This amendment to the Supreme Court (Number of Judges) Act, 1956, comes after a six-year gap since the 2019 revision, addressing a staggering backlog of 92,385 cases and the post-pandemic surge in digital e-filings. The Bill requires parliamentary approval by simple majority and Presidential assent before becoming law. While this expansion aligns with the constitutional framework under Article 124(1), critics argue it overlooks systemic issues and the Law Commission's recommendations for regional cassation benches.

2026-05-07

Published

—

Source

Quiz Questions

Article

Background and Context

The Supreme Court of India, originally envisioned with a Chief Justice and 7 other judges under Article 124(1) of the Constitution, has progressively expanded to meet India's growing legal needs:

1956: Strength increased to 10 judges
1960: Further expansion to 13 judges
1977: Increased to 17 judges
1986: Raised to 25 judges
2019: Last revision to 34 judges (including CJI)
2026: Proposed expansion to 38 judges

Constitutional Framework

Article 124(1) explicitly empowers Parliament to prescribe a larger number of judges by law. Unlike High Courts where the President can increase judge strength under Article 216 through executive orders, Supreme Court strength can only be altered through Parliamentary legislation.

Legislative Process for Expansion

Initiation: Chief Justice of India (CJI) sends proposal to Union Ministry of Law and Justice, citing backlog and case requirements
Consultation: Law Ministry consults Finance Ministry for budgetary implications
Cabinet Approval: Draft bill placed before Union Cabinet
Parliamentary Approval: Bill introduced and passed by both Lok Sabha and Rajya Sabha by simple majority
Presidential Assent: Bill sent for President's signature
Implementation: President (on Collegium advice) appoints additional judges up to new sanctioned strength

Key Statistics

Current backlog: 92,385 pending cases
Proposed strength: 38 judges (including CJI)
Increase: 4 additional judges
Last revision: 2019 (six-year gap)

Concerns and Criticisms

Systemic Issues Overlooked

The Bill does not address:

Appointment process delays
Listing practices
Heavy volume of Special Leave Petitions (SLPs)
Persistent judicial vacancies despite expansions

Law Commission Recommendation (2009)

The 18th Law Commission (chaired by Justice A.R. Lakshmanan) in its 229th Report suggested:

Simply adding judges won't resolve pendency issues
Recommended establishing a Constitution Bench in Delhi
Proposed four regional cassation benches in Chennai, Hyderabad, Kolkata, and Mumbai

National Court of Appeal Demand

A writ petition filed in 2016 continues to seek establishment of a National Court of Appeal for more accessible and efficient judicial structure.

Historical Context: From 8 to 38

Year	Total Strength (Including CJI)
1950 (Original)	8
1956	10
1960	13
1977	17
1986	25
2019	34
2026 (Proposed)	38

UPSC PYQ References

2021 Question: Statements about retired judges being called back and HC's power to review judgments Answer: (c) Both 1 and 2

2019 Question: 44th Amendment and 99th Amendment validity Answer: (b) 2 only (99th Amendment struck down)

2019 Question: HC jurisdiction and amendment calling into question Answer: (d) Neither 1 nor 2