In a significant move aimed at addressing the mounting caseload of the Indian judiciary, the Union Cabinet on Tuesday, May 5, 2026, approved a proposal to expand the sanctioned strength of the Supreme Court of India. The decision seeks to increase the number of judges from the current 34 to 38, including the Chief Justice of India (CJI).
Union Minister Ashwini Vaishnaw confirmed the development, noting that a formal Bill to amend the existing law will be introduced in the upcoming session of Parliament. At present, the apex court operates with a maximum capacity of 33 judges and the CJI.
Legislative Roadmap
The expansion requires an amendment to the Supreme Court (Number of Judges) Act, 1956. Once the Bill is passed by both Houses of Parliament and receives Presidential assent, the judicial strength of the top court will see its first increase in seven years.
Minister Vaishnaw stated that the addition of four new judges is intended to bolster the court’s capacity to dispose of pending litigations and ensure the timely delivery of justice.
Historical Context of Judicial Expansion
The sanctioned strength of the Supreme Court has evolved significantly since its inception to keep pace with the increasing legal complexities of the nation:
- 1956: The original Act provided for a maximum of 10 judges (excluding the CJI).
- 1960: The strength was increased to 13.
- 1977: The number was further raised to 17.
- 1986: A major amendment augmented the strength to 25 judges (excluding the CJI).
- 2009: The limit was pushed to 30 judges.
- 2019: The most recent expansion occurred when the strength was raised from 30 to 33 (excluding the CJI).
This latest proposal to reach 38 judges represents the largest sanctioned strength in the history of the Indian Supreme Court. The move comes amid persistent discussions between the executive and the judiciary regarding judicial vacancies and the need for more Benches—including Constitution Benches—to hear matters of significant public and legal importance.
Upon parliamentary clearance, the Chief Justice of India will lead a total of 37 companion judges, providing the apex court with more flexibility in forming benches and addressing the backlog of thousands of cases currently awaiting adjudication.
