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Lok Sabha passes bill to raise Supreme Court judges’ strength to 38
The Bill, passed by a voice vote, replaces an ordinance promulgated in May and comes amid a mounting “backlog” of cases before the court.
The Lok Sabha on Monday passed the Supreme Court (Number of Judges) Amendment Bill, 2026, raising the sanctioned strength of judges in the top court from 34 to 38, including the Chief Justice of India. The Bill, passed by a voice vote, replaces an ordinance promulgated in May and comes amid a mounting “backlog” of cases before the court.
Union Law Minister Arjun Ram Meghwal introduced the Bill amid Opposition protests. The Bill states that the persistent gap between institution and disposal of cases has made “docket management” increasingly difficult, particularly for older pending matters and cases needing larger Benches.
The Supreme Court’s sanctioned strength has been revised several times since 1950, when the court began with eight judges, including the Chief Justice of India. It was raised to 31 in 2008 and to 34 in 2019. The government now proposes taking it to 38, citing rising litigation and the need for more Benches to hear cases quickly.
According to a written reply by Meghwal in Parliament, more than 96,000 cases are currently pending in the Supreme Court, with 26 cases unresolved for over 30 years and 558 pending for more than two decades. The government maintains that adding judges is among the most effective ways to cut this backlog.
The Bill was first introduced in the Lok Sabha on July 20, before being taken up for consideration and passage on Monday. Piloting the Bill, Meghwal told the House, “The additional judges will help the Supreme Court function more efficiently and ensure speedier justice.” He added that the expansion was necessitated by a rising backlog of cases before the court.
The government has pointed to data showing that Supreme Court disposals outpaced fresh filings in three months this year, February, April and May, but says overall pendency continues to rise as more litigants approach the court each year. Officials argue that four additional judges will allow the formation of more Benches, helping clear both fresh cases and long-pending matters, including some tied up for over three decades.
The Centre has also flagged pendency in larger Constitution Benches as a concern. As of June 2026, 22 five-judge, five seven-judge and two nine-judge Bench matters remain undecided, with the government hoping a larger judge strength will speed up listing and disposal of such cases.
Legal experts note that simply adding judges may not by itself resolve pendency. The 18th Law Commission, in its 229th report, had recommended setting up a Constitution Bench in Delhi along with regional benches, rather than only expanding numbers, arguing that appointment delays, and not sanctioned strength, have historically driven vacancies and backlogs.
The Bill is yet to be introduced in the Rajya Sabha.
