Supreme Court Judge Strength Raised to 37

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The sanctioned strength of judges in the Supreme Court of India, excluding the Chief Justice of India (CJI), has been increased from 33 to 37 through the Supreme Court (Number of Judges) Amendment Ordinance, 2026. As a result, the total strength of the apex court, including the CJI, has risen from 34 to 38 judges.

Constitutional Provision for Ordinances

Article 123 of the Constitution empowers the President of India to promulgate ordinances when Parliament is not in session. Using this constitutional power, President Droupadi Murmu promulgated the Supreme Court (Number of Judges) Amendment Ordinance, 2026, on 16 May 2026. The ordinance was notified in the Gazette of India on the same day.

Amendment to the Supreme Court (Number of Judges) Act, 1956

The ordinance amends Section 2 of the Supreme Court (Number of Judges) Act, 1956. Earlier, the Act specified “thirty-three” judges excluding the Chief Justice of India. The amendment replaces this with “thirty-seven,” thereby increasing the sanctioned judicial strength.

Rising Case Pendency in the Supreme Court

The increase in judge strength comes at a time when the Supreme Court is facing a pendency of more than 93,000 cases. The decision is aimed at improving judicial capacity and reducing delays in case disposal.

Cabinet Approval and Legislative Process

The proposal to increase the number of judges was approved by the Union Cabinet, chaired by Prime Minister Narendra Modi, on 5 May 2026. The ordinance is expected to be replaced by an amendment Bill, which must be passed by both Houses of Parliament.

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