Why in News?

  • The Union Cabinet chaired by Prime Minister Narendra Modi approved a proposal to increase the number of judges in the Supreme Court of India.
  • The proposal is to increase the strength of judges from 33 to 37 (excluding the Chief Justice of India).

KEY HIGHLIGHTS

Proposed Increase
  • Present strength:
    • 33 judges + Chief Justice of India (CJI)
    • Total = 34
  • Proposed strength:
    • 37 judges + CJI
    • Total = 38

BILL APPROVED BY CABINET

Supreme Court (Number of Judges) Amendment Bill, 2026
  • The Bill aims to amend:
    • Supreme Court (Number of Judges) Act, 1956
  • Objective:
    • Increase sanctioned strength of Supreme Court judges by 4.

CONSTITUTIONAL PROVISIONS

Article 124 Provides:

  • Establishment of the Supreme Court of India
  • Parliament has the power to decide the number of judges by law.

Originally:

  • 1 Chief Justice of India
  • Maximum 7 other judges

Article 136 Related to:

  • Special Leave Petition (SLP)

Meaning:

  • Allows people to directly appeal to the Supreme Court in special cases.

IMPACT

  • Large number of SLPs increase the workload of the Supreme Court.

Article 145 Gives power to Supreme Court to make rules regarding:

  • Court procedures
  • Practice of the court
  • Formation of benches

WHY WAS THIS INCREASE NEEDED?

1. Huge Pendency of Cases
  • Supreme Court currently has 80,000+ pending cases Includes:
    • Constitutional matters
    • Civil cases
    • Criminal appeals
    • Public Interest Litigations (PILs)

2. Faster Delivery of Justice Government’s Objective:

  • Reduce delays
  • Improve efficiency
  • Ensure speedy justice

Important Quote:

“Justice delayed is justice denied.” 3. Need for More Constitutional Benches
  • Important constitutional matters require:
    • Minimum 5-judge bench

More judges will help:

  • Simultaneous hearing of cases
  • Faster disposal of matters
  • Better functioning of constitutional benches
4. Low Judge-Population Ratio
  • India has around:
    • 21 judges per million population (including lower judiciary)

Compared to countries like:

  • USA ? 100+ judges per million

HISTORICAL INCREASE IN SC STRENGTH

Year Amendment / Law Strength (Excluding CJI)
1950 Constitution came into force 7
1956 Supreme Court (Number of Judges) Act 10
1960 Amendment Act 13
1977 Amendment Act 17
1986 Amendment Act 25
2008 Amendment Act 30
2019 Amendment Act 33
2026 Proposed Amendment Bill 37

PROCEDURE TO INCREASE JUDGE STRENGTH

Step 1: Proposal by CJI
  • Chief Justice of India sends proposal to government citing:
    • Rising pendency
    • Need for more judges
Step 2: Amendment in Parliament
  • Parliament passes amendment to:
    • Supreme Court (Number of Judges) Act, 1956

Majority Required:

  • Simple Majority
Step 3: President’s Assent
  • After Parliament passes the Bill:
    • The President gives approval.

APPOINTMENT OF NEW JUDGES Under Article 124(2) Appointment made by:

  • President of India

Process:

  • Supreme Court Collegium recommends names
  • Sent to:
    • Ministry of Law and Justice
  • Then forwarded to:
    • Prime Minister
  • Finally approved by:
    • President of India

Collegium System consists of:

  • Chief Justice of India
  • Four senior-most Supreme Court judges

Function:

  • Recommends appointment and transfer of judges
Expenditure
  • Salary and facilities of new judges and staff will be paid from Consolidated Fund of India

IMPORTANCE/ SIGNIFICANCE

Increasing judge strength will help in:

  • Faster disposal of cases
  • Reducing backlog
  • Better access to justice
  • Efficient functioning of constitutional benches
  • Strengthening judicial system