Increase in Supreme Court Judge Strength from 34 to 38 in 2026

Key Facts

• The sanctioned strength of Supreme Court judges excluding the Chief Justice of India (CJI) has been increased from 33 to 37.
• The total sanctioned strength including the CJI has risen from 34 to 38 judges.
• This change was effected through the Supreme Court (Number of Judges) Amendment Ordinance, 2026, promulgated on 16 May 2026 by President Droupadi Murmu under her powers conferred by Article 123 of the Constitution.
• The ordinance amends Section 2 of the Supreme Court (Number of Judges) Act, 1956, replacing the word "thirty-three" with "thirty-seven".
• The Union Cabinet approved this increase on 5 May 2026, chaired by Prime Minister Narendra Modi.
• The Supreme Court has a pendency of over 93,000 cases, motivating the need for increased judge strength.

Background & Context

• The Supreme Court of India was established under Part V, Chapter IV of the Constitution, originally composed of one Chief Justice and seven puisne judges.
• Article 124(1) of the Constitution provides for a Chief Justice and up to seven other judges unless Parliament prescribes a greater number by law.
• The Supreme Court (Number of Judges) Act, 1956 initially fixed the maximum number of judges (excluding CJI) at 10.
• Over the years, judge strength was increased several times: 13 in 1960, 17 in 1977, 25 in 1986, 30 in 2008, and 33 in 2019 excluding the CJI.
• Article 123 empowers the President to promulgate ordinances when Parliament is not in session; such ordinances have the force of law but must be replaced by an Act of Parliament within six weeks of Parliament's reassembly.
• The ordinance of 2026 must be replaced by a parliamentary Act to make the increase permanent.

Why This Matters for Exams / Exam Relevance

• Understanding the incremental changes to the judicial system, especially the Supreme Court's composition, is vital for constitutional law and polity examinations.
• Knowledge of Article 123 (ordinance power) and Article 124 (Supreme Court composition) provides insight into constitutional processes and checks and balances.
• The involvement of key constitutional officeholders — the President and the Cabinet headed by the Prime Minister — and their roles in legislative processes is significant.
• The dates and procedural aspects of the 2026 amendment represent important current affairs relevant for competitive exams.

Points to Remember

• The Supreme Court judges' sanctioned strength (excluding CJI) increased from 33 to 37 as of May 16, 2026.
• The total sanctioned strength including the Chief Justice is now 38.
• The increase aims to address the large backlog of cases exceeding 93,000 at the Supreme Court.
• The ordinance was promulgated under Article 123 by the President when Parliament was not in session.
• The ordinance amends the Supreme Court (Number of Judges) Act, 1956 by replacing the word "thirty-three" with "thirty-seven".
• Such an ordinance has to be converted into a parliamentary Act within six weeks of the Parliament's next session.
• The last increase to 33 judges (excluding CJI) was in 2019.
• The Cabinet approval was given on May 5, 2026, chaired by PM Narendra Modi.