The Government of India has increased the strength of Supreme Court judges from 33 to 37 through an ordinance. The Supreme Court (Number of Judges) Amendment Ordinance 2026 was signed by President Droupadi Murmu on Saturday, as per the notification published in the official gazette.
Details of the Ordinance
The ordinance amends the Supreme Court (Number of Judges) Act, 1956, which originally set the maximum number of judges at 33, including the Chief Justice of India. The new provision raises this limit to 37, allowing for four additional judges. This move is aimed at addressing the growing backlog of cases in the apex court.
Background and Need
The increase comes at a time when the Supreme Court is grappling with a significant pendency of cases. As of early 2026, over 80,000 cases were pending, leading to delays in justice delivery. Legal experts and parliamentary committees have long recommended increasing the strength of judges to improve efficiency.
The ordinance was promulgated under Article 123 of the Constitution, which empowers the President to issue ordinances when Parliament is not in session. The government stated that the ordinance was necessary to ensure the timely disposal of cases and to reduce the burden on existing judges.
Reactions and Implications
Legal circles have largely welcomed the move, though some have expressed concerns about the use of an ordinance instead of a bill passed by Parliament. The government has assured that a bill will be introduced in the next session to replace the ordinance.
The additional judges are expected to be appointed soon, following the usual process of consultation with the Chief Justice of India and the collegium. This expansion is seen as a step towards strengthening the judiciary and ensuring faster access to justice for citizens.
