Following a formal request made earlier this year by Chief Justice of India Surya Kant, the Union Cabinet on Tuesday approved a proposal to increase the number of judges accredited to the Supreme Court from 33 to 37, excluding the CJI, to address growing attachment and enhance the court’s performance.
The decision, taken at a meeting chaired by Prime Minister Narendra Modi, paves the way for the Supreme Court (Number of Judges) Amendment Bill, 2026, to be presented in Parliament. The proposed legislation seeks to amend the Supreme Court (Number of Judges) Act 1956, at a time when more than 92,000 cases are still pending before the Supreme Court.
The International Commission of Justice wrote to the Center in February demanding an immediate increase of four judges, people familiar with the developments said. He noted the need to increase judicial power, particularly to enable the regular formation of constitutional benches that hear substantive questions of law.
The letter suggested a titration approach — the immediate addition of four judges, followed by an impact assessment before any further increase is considered, the people said. It is understood that the CJI office has followed up on the proposal, stressing its urgency.
SC power has been raised to smooth out the backlog
In its statement, the government said that the increase aims to ensure “faster justice,” noting the increasing backlog of cases. The latest expansion comes more than six years after the previous review in 2019, when Parliament increased the number of judges from 30 to 33.
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The Constitution does not specify a specific number of judges in the Supreme Court. Under Article 124(1), it provides for the appointment of the Chief Justice of India and leaves it to Parliament to determine the strength of the court through legislation, allowing for periodic reviews in response to increasing caseloads.
While the expansion aims to ease the burden on existing courts, where most matters are heard by a bench of two or three judges, with larger constitutional benches sitting to consider important legal questions, it also paves the way for a major round of judicial appointments over the coming months.
With the scheduled number rising to 37, the Supreme Court will have as many as 10 vacancies that need to be filled during the tenure of CJI Surya Kant, who heads the body responsible for recommending appointments. His predecessor, CJI Bhushan R Gavai, retired in November, while Justice Rajesh Bindal resigned from his post in April.
The court is also set to see a series of retirements throughout the year: Justice Pankaj Mithal is scheduled to retire on June 6, followed by Justice JK Maheshwari on June 28, Justice Sanjay Karol on August 28, and Justice Satish Chandra Sharma on November 29.
With CJI Kant himself set to retire in February 2027, the expanded force means that a significant portion of the composition of the court will be shaped during his tenure as head of the bench.
How the Supreme Court’s power has grown over time
The Supreme Court officially began on January 28, 1950, with an approved strength of eight justices – one from the ICJ and seven associate justices. This structure was established by the 1950 Constitution, and in its early years, all eight judges sat together to hear cases.
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Later, it operated a modest force of 10 judges (excluding the ICJ) under the 1956 Act. This number was first increased to 13 in 1960 and then to 17 in 1977. However, the effective workforce remained limited to 15 judges for a period until 1979, when ministerial restrictions were lifted at the request of the then ICJ.
Subsequent decades saw further expansions. The approved strength was increased to 25 in 1986 and then to 30 in 2008. The latest revision came before the current proposal in 2019, reflecting ongoing efforts to align judicial capacity with the growing list. The proposed increase to 37 judges, excluding the ICJ, represents the latest attempt to bridge this gap, as the court continues to deal with a steadily increasing caseload.
