Why in News
The Union Cabinet approved the Supreme Court (Number of Judges) Amendment Bill 2026 on May 6, 2026, proposing to increase the sanctioned strength of Supreme Court judges from 34 (33 judges + CJI) to 38 (37 judges + CJI). The bill requires passage through both Houses of Parliament with a simple majority and Presidential assent.
Key Facts — Supreme Court Strength
| Parameter | Detail |
|---|---|
| New sanctioned strength | 38 total (37 judges + CJI) |
| Previous strength (since last amendment) | 34 total (33 judges + CJI) |
| Original strength (1956) | 11 total (10 + CJI) |
| Constitutional authority | Article 124(1) — Parliament may by law prescribe a greater number of judges |
| Amendment procedure | Simple majority in both Houses + Presidential assent |
| All SC expenditure | Charged to Consolidated Fund of India (not subject to Parliament vote) |
Historical Expansion
| Year | Total Judges (incl. CJI) |
|---|---|
| 1950 (original) | 8 |
| 1956 | 11 |
| 1960 | 14 |
| 1977 | 18 |
| 1986 | 26 |
| 2008 (last increase) | 34 |
| 2026 (proposed) | 38 |
Constitutional Provisions — Supreme Court
| Article | Provision |
|---|---|
| Article 124 | Establishment and constitution of the Supreme Court; appointment of judges |
| Article 124(1) | Parliament may by law prescribe a number greater than [the original]; basis for strength increase |
| Article 124(2) | Judges appointed by President after consultation with other judges (SC + HCs); Collegium system evolved through cases |
| Article 124(3) | Qualifications: HC judge for 5 years OR advocate of HC for 10 years OR distinguished jurist |
| Article 124(4) | Removal of judge only by impeachment — address of each House (special majority: 2/3 of members present + majority of total membership) + Presidential order |
| Article 125 | Salaries charged to Consolidated Fund of India |
| Article 126 | Acting Chief Justice |
| Article 127 | Ad hoc judges |
| Article 128 | Retired judges may sit |
| Article 129 | SC is a Court of Record |
| Article 131 | Original jurisdiction (inter-state + Centre-State disputes) |
| Article 132 | Appellate jurisdiction (constitutional matters) |
| Article 136 | Special Leave Petition (SLP) — widest appellate power |
| Article 137 | Review jurisdiction |
| Article 141 | Law declared by SC is binding on all courts in India |
| Article 143 | Advisory jurisdiction (Presidential Reference) |
| Article 145 | SC may make rules for regulating practice and procedure |
The Collegium System
The SC Collegium (evolved through three judges cases) governs judicial appointments:
| Case | Year | Significance |
|---|---|---|
| S.P. Gupta vs Union of India | 1981 | “First Judges Case” — executive primacy in appointments |
| Supreme Court Advocates-on-Record vs Union of India | 1993 | “Second Judges Case” — Collegium system established; CJI’s opinion has primacy |
| Special Reference No. 1 of 1998 | 1998 | “Third Judges Case” — Collegium = CJI + 4 senior-most judges |
| NJAC judgment | 2015 | SC struck down National Judicial Appointments Commission (99th Amendment) as unconstitutional |
Current Collegium (SC): CJI + 4 senior-most judges of the SC.
Why the Increase Is Needed
| Issue | Data |
|---|---|
| Pending cases in SC | ~92,000+ cases (as of December 2025) |
| Average pendency | Civil appeals: 5–10 years |
| Sanctioned vs working strength | Often 3–6 vacancies exist, further reducing effective capacity |
| Admission hearing burden | ~30% of SC’s time spent on admission hearings for SLPs |
| Constitutional bench deficit | 5-judge constitution benches rarely sit due to bench allocation constraints |
The Law Commission of India has recommended increasing the SC’s strength multiple times; the 2026 amendment partially addresses this.
UPSC Relevance
| Paper | Angle |
|---|---|
| GS2 — Polity | Supreme Court — Article 124, composition, appointment, jurisdiction |
| GS2 — Governance | Judicial pendency, judicial reforms, Collegium system |
| GS2 — Polity | NJAC (struck down), judicial independence, separation of powers |
Mains Keywords: Article 124(1), Supreme Court (Number of Judges) Amendment, Collegium system, judicial pendency, NJAC, SLP Article 136, simple majority, Consolidated Fund of India, impeachment of judges
Prelims Facts Corner
| Item | Fact |
|---|---|
| New SC strength | 38 total (37 judges + CJI) |
| Previous strength | 34 (33 + CJI); since 2008 |
| Constitutional authority | Article 124(1) |
| Amendment procedure | Simple majority in both Houses + Presidential assent |
| Original strength (1950) | 8 total |
| All SC expenditure | Charged to Consolidated Fund of India |
| Collegium (SC) | CJI + 4 senior-most SC judges |
| Removal of SC judge | Impeachment — special majority in both Houses + Presidential order |
| SC as Court of Record | Article 129 |
| Law binding on all courts | Article 141 |
| SLP | Article 136 — Special Leave Petition |
| Advisory jurisdiction | Article 143 (Presidential Reference) |
