Why in News

The Union Cabinet on May 5, 2026 approved the Supreme Court (Number of Judges) Amendment Bill, 2026, amending the Supreme Court (Number of Judges) Act, 1956 to increase the sanctioned strength of Supreme Court judges from 33 puisne judges (34 total including CJI) to 37 puisne judges (38 total including CJI). The Bill will be introduced in Parliament for passage.

Background: Constitutional and Statutory Framework

Dimension Detail
Constitutional provision Article 124(1): “There shall be a Supreme Court of India consisting of a Chief Justice of India and, until Parliament by law prescribes a larger number, of not more than seven other Judges”
Statutory authority Supreme Court (Number of Judges) Act, 1956 — Parliament exercises its Article 124 power through this Act
Current sanctioned strength CJI + 33 Puisne Judges = 34 total
New sanctioned strength CJI + 37 Puisne Judges = 38 total
Net addition 4 additional judges

History of Supreme Court Strength Increases

Year Total Strength Increase
1950 (Constitution) 8 (CJI + 7) —
1956 (original Act) 11 +3
1960 14 +3
1977 18 +4
1986 26 +8
2008 31 +5
2019 34 (CJI + 33) +3
2026 38 (CJI + 37) +4

Why the Increase? — Pendency Crisis

Indicator Figure
Pending cases in Supreme Court ~80,000+ cases
Pending cases in all courts combined ~4.5 crore+
Pending cases in High Courts ~60 lakh+
Pending cases in District Courts ~4 crore+
Vacancies in High Courts ~400+ (as of 2026)
  • Each additional SC judge can hear hundreds of cases annually, significantly boosting disposal rates
  • The SC handles admissions, constitutional matters, criminal appeals, writ petitions, and original jurisdiction disputes between states
  • The 2026 increase directly responds to the National Court Management Systems Committee recommendations on judicial capacity

Key Provisions

What Changes

  • Puisne judges: 33 → 37 (4 additional permanent positions)
  • Total strength: 34 → 38 including the Chief Justice of India
  • Financial burden: Salaries, pensions, housing, and administrative costs met from the Consolidated Fund of India (Article 146 + Supreme Court Judges (Salaries and Conditions of Service) Act, 1958)

What Does NOT Change

  • The appointment process (collegium system under Article 124(2))
  • The qualification criteria (advocate of HC for 10 years, or distinguished jurist)
  • Tenure (retirement at age 65)
  • Jurisdiction (original, appellate, advisory under Articles 131, 132-136, 143)

Judicial Appointments — Collegium System

Body Role
Supreme Court Collegium CJI + 4 senior-most SC judges — recommends appointments
President of India Formally appoints judges (Article 124(2))
Law Ministry Processes files; can return with objections but must ultimately accept collegium’s reiterated recommendation
NJAC (National Judicial Appointments Commission) Struck down in 2015 (Supreme Court Advocates-on-Record Association v. Union of India) — collegium system restored

UPSC Relevance: The NJAC ruling (2015) is a landmark judgment on judicial independence vs. executive accountability — a recurring GS2 theme.

UPSC Relevance

GS Paper Angle
GS2 Structure of Supreme Court; Article 124; judicial independence; case pendency; collegium system
GS2 Parliament’s role in determining judicial strength; legislative-executive-judiciary balance
GS2 Access to justice; right to speedy trial (Article 21); judicial delays as a governance issue

Facts Corner

Item Fact
Bill approved May 5, 2026 (Union Cabinet)
Parent Act Supreme Court (Number of Judges) Act, 1956
Constitutional basis Article 124(1) — Parliament fixes number
Old strength CJI + 33 Puisne = 34 total
New strength CJI + 37 Puisne = 38 total
Last increase 2019 (31 → 34 total)
Net addition 4 judges
Primary reason Reduce 80,000+ pending SC cases
Financial source Consolidated Fund of India
SC judges’ retirement age 65 years
HC judges’ retirement age 62 years
Appointment authority President of India (on collegium recommendation)