Why has Parliament increased the number of Supreme Court judges? | Explained

Published 4 August 2026 · politics

The story so far The Lok Sabha on Monday (August 3, 2026) passed the Supreme Court (Number of Judges) Amendment Bill, 2026, replacing an ordinance

The story so far The Lok Sabha on Monday (August 3, 2026) passed the Supreme Court (Number of Judges) Amendment Bill, 2026, replacing an ordinance that increased the sanctioned strength of the Supreme Court from 34 to 38 judges, including the Chief Justice of India (). The Bill was passed by voice vote without a debate amid Opposition protests over unrelated issues. It now awaits consideration in the Rajya Sabha. What does the Bill do? The Bill amends the Supreme Court (Number of Judges) Act, 1956 to increase the number of puisne (ordinary) judges from 33 to 37. With the included, the apex court’s sanctioned strength rises from 34 to 38. This is the first increase in the court’s strength since 2019, when Parliament raised the sanctioned strength from 31 to 34 judges. Why was the increase considered necessary? The government has cited the growing backlog of cases in the Supreme Court. As on January 1, 2026, 92,101 cases were pending before the apex court. In 2025, the court received 75,410 fresh cases but disposed of 65,615, despite functioning at nearly its full sanctioned strength. According to the government, the persistent gap between the institution and disposal of cases has made it necessary to increase the number of judges.

What did the government tell Parliament? Introducing the Bill in the Lok Sabha, Union Law Minister Arjun Ram Meghwal said the increase in the sanctioned strength of the Supreme Court was aimed at ensuring speedy and effective justice by enabling the apex court to deal with its growing workload. The government has argued that the proposal was intended to address the mounting backlog of cases and improve the court’s disposal capacity. The increase in judicial strength, it said, was one of the “most exigent and viable solutions” to tackle pendency. It would also enable the Chief Justice of India to constitute Constitution Benches more frequently to hear cases involving substantial questions of constitutional law without disrupting the hearing of regular matters. How will additional judges help? The government says the increase will enable the Supreme Court to hear more cases simultaneously, thereby improving the disposal rate. One of the arguments in favour of additional judges is that it will make it easier for the Chief Justice of India to constitute Constitution Benches on a regular basis. The Constitution Benches, comprising at least five judges, hear cases involving substantial questions relating to the interpretation of the Constitution. Because of the heavy daily roster, constituting such Benches has often proved difficult.