Supreme Court judges increased from 33 to 37: The Supreme Court (Number of Judges) Amendment Bill, 2026
On 5 August 2026, Parliament passed the Supreme Court (Number of Judges) Amendment Bill, 2026, raising the sanctioned strength of Supreme Court judges from 33 to 37 (excluding the CJI). Including the CJI, total strength rises from 34 to 38.
At a glance
Rajya Sabha passed the Bill on 5 Aug 2026; Lok Sabha on 3 Aug 2026.
Judges (excl. CJI) increased from 33 to 37. Total strength is now 38.
Supreme Court (Number of Judges) Act, 1956.
Improve judicial efficiency and reduce pendency of cases.
Timeline
Background
The strength of the Supreme Court of India is fixed by ordinary statute — the Supreme Court (Number of Judges) Act, 1956 — and not by the Constitution itself. Parliament can therefore raise or lower the sanctioned number of judges by an ordinary amendment, without invoking the special-majority route under Article 368. The number has been revised several times as the Court's pendency has grown.
Current Developments
- Judges excluding the Chief Justice of India rise from 33 to 37; the total strength (including the CJI) becomes 38.
- The government's stated rationale is to improve judicial efficiency and reduce pendency in the Supreme Court.
- The measure was first introduced via an Ordinance (16 May 2026) and then converted into a Bill passed by both Houses.
- Because the number of judges is set by statute, this is an ordinary Bill — no special majority under Article 368 was required.
Constitutional and Legal Basis
Article 124 establishes the Supreme Court and empowers Parliament to prescribe a larger number of judges by law. The 1956 Act is that law. The Ordinance route under Article 123 was used for the interim measure, later replaced by the Bill and Presidential assent under Article 111.
UPSC Relevance
For Prelims, remember the statutory (not constitutional) basis of the Court's strength and the ordinary-Bill route. For Mains (GS-II), this connects to judicial efficiency, pendency, and the wider debate on judicial appointments — while noting that this amendment changes only the number of judges, not the Collegium-based method of appointment.
Constitutional provisions
Establishment and constitution of the Supreme Court.
Salaries and allowances of judges.
Appointment of an acting Chief Justice.
Ad hoc judges of the Supreme Court.
Attendance of retired judges at sittings.
Supreme Court as a court of record.
Presidential assent to Bills.
Promulgation and replacement of Ordinances.
