"Ordinance promulgated on May 16, 2026 raising the Supreme Court's sanctioned strength from 34 to 38 judges to tackle case backlog."

This ordinance, issued by the President under Article 123 of the Constitution, increased the sanctioned number of Supreme Court judges (excluding the Chief Justice of India) from 33 to 37, taking the total strength including the CJI from 34 to 38. The Union Cabinet approved the increase on May 5, 2026, and it was promulgated on May 16, 2026, coming into force immediately. The stated aim is to address the court's mounting backlog, which stood at 93,143 pending cases as of March 31, 2026. Appointments to the four new posts still follow the collegium process. It is the first increase in the Supreme Court's strength since 2019, when it rose to 34.

GS2 (judiciary, structure and functioning of higher courts, ordinance-making power). Prelims: Article 123, strength raised 34 to 38, May 16, 2026. Mains: judicial pendency, ordinance route versus parliamentary law, the collegium debate.

  • 1 Promulgated by the President under Article 123
  • 2 Cabinet approval on May 5, 2026
  • 3 Ordinance promulgated May 16, 2026
  • 4 Judges excluding CJI: 33 to 37
  • 5 Total strength including CJI: 34 to 38
  • 6 Pendency cited: 93,143 cases as of March 31, 2026
  • 7 Appointments via the collegium process
  • 8 Came into force immediately on promulgation
  • 9 First strength increase since 2019
Following the May 2026 ordinance, the Supreme Court collegium was expected to begin deliberations to fill the four additional judicial vacancies.
GS Paper 2
Polity, Governance, IR, Social Justice
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