New Delhi, Aug 13: President Droupadi Murmu has given her assent to the Supreme Court (Number of Judges) Amendment Act, 2026, raising the sanctioned strength of the Supreme Court from 34 to 38 judges, including the Chief Justice of India.
The legislation received Presidential assent on August 11 and has been notified in the Gazette of India. It is deemed to have come into force from May 16, 2026, the date on which the President had promulgated the Supreme Court (Number of Judges) Amendment Ordinance, 2026.
The new Act repeals the ordinance while protecting actions already taken under it.
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The legislation was introduced in the Lok Sabha by Union Minister of State for Law and Justice Arjun Ram Meghwal on July 20. The Lok Sabha passed it on August 3, following which the Rajya Sabha considered and returned it on August 5. The Bill was certified as a Money Bill under Article 110 of the Constitution.
During the parliamentary debate, Meghwal said Chief Justice of India Surya Kant had written to Prime Minister Narendra Modi on May 11 seeking an increase in the Court’s sanctioned strength.
The CJI had cited the growing volume of cases and difficulties in maintaining disposal rates when judges are assigned to Constitution Benches. The recently constituted nine-judge Bench hearing the Sabarimala reference was cited as one such instance.
Over 92,000 cases pending
According to government data, more than 92,000 cases were pending before the Supreme Court as of January 1, 2026.
The Court received 75,410 fresh matters during 2025 and disposed of a little over 65,000 cases during the year. The government said increasing the sanctioned strength would expand judicial capacity, facilitate the constitution of larger Benches and help reduce the case backlog.
The legislation marks the first increase in the Supreme Court’s sanctioned strength since 2019, when Parliament raised the number of judges other than the CJI from 30 to 33.
The Supreme Court began functioning in 1950 with eight judges, including the Chief Justice. Its sanctioned strength was subsequently increased to 11 in 1956, 14 in 1960, 18 in 1978, 26 in 1986 and 31 in 2009.
The latest legislation raises the total sanctioned strength to 38, including the CJI.
The Court currently has three vacancies, with 35 judges serving against the newly sanctioned strength of 38.
