Cabinet approves expansion of Supreme Court strength from 33 to 37 judges to tackle case backlog

E-PaperSubscribeSubscribeEnjoy unlimited accessSubscribe Now! Get features like Acting on a formal request made earlier this year by Chief Justice of India (CJI) Surya Kant, the Union cabinet on Tuesday approved a proposal to increase the sanctioned strength of judges in the Supreme Court from 33 to 37, excluding the CJI, to address mounting pendency and strengthen the court’s functioning. CJI Surya Kant had, in February, written to the Centre seeking an immediate increase of four judges. (ANI)The decision, taken at a meeting chaired by Prime Minister Narendra Modi, paves the way for the introduction of the Supreme Court (Number of Judges) Amendment Bill, 2026, 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 pending before the apex court. People aware of the development said the CJI had, in February, written to the Centre seeking an immediate increase of four judges. He pointed to the need for augmenting judicial strength, particularly to enable the regular constitution of Constitution benches that hear substantial questions of law. The people said the communication proposed a calibrated approach — an immediate addition of four judges, followed by an evaluation of the impact before considering any further increase. The CJI’s office is understood to have followed up on the proposal, underlining its urgency. The government, in its statement, said the increase is intended to ensure “speedier justice,” pointing to the growing backlog. The latest expansion comes more than six years after the previous revision in 2019, when Parliament raised the strength from 30 to 33 judges. Also Read: CJI’s 2009 HC order finds resonance in SC ruling on 15-year-old’s abortion The constitution does not prescribe a fixed number of judges in the Supreme Court. Under Article 124(1), it provides for a Chief Justice of India and leaves it to Parliament to determine the strength of the court through legislation, allowing periodic revisions in response to rising caseloads. While the expansion aims to ease the burden on existing benches, where most matters are heard by two- or three-judge panels, with larger constitution benches convened for significant legal questions, it also sets the stage for a substantial round of judicial appointments over the coming months. With the sanctioned strength set to rise to 37, the Supreme Court will have as many as 10 vacancies that need filling during the tenure of CJI Surya Kant, who heads the collegium responsible for recommending appointments. His predecessor, former CJI Bhushan R Gavai, retired in November, while justice Rajesh Bindal demitted office in April. The court is also set to see a series of retirements through the year: justice Pankaj Mithal is due 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 strength means a significant portion of the court’s composition will be shaped under his tenure as the presiding judge of the collegium. The Supreme Court officially began on January 28, 1950, with a sanctioned strength of eight judges — one CJI and seven puisne judges. This structure was set by the 1950 constitution, and in its early years, all eight judges sat together to hear cases. Also Read: Supreme Court agrees to hear pleas against Transgender Persons Amendment Act Later, it worked with a modest sanctioned strength of 10 judges (excluding the CJI) under the 1956 Act. This was first increased to 13 in 1960 and then to 17 in 1977. However, the effective working strength remained capped at 15 judges for a period until 1979, when the cabinet restriction was lifted following a request from the then CJI. Subsequent decades saw further expansions. The sanctioned strength was increased to 25 in 1986 and later to 30 in 2008. The most recent revision prior to the present proposal came in 2019, reflecting a continued effort to align judicial capacity with the growing docket. The proposed increase to 37 judges, apart from the CJI, marks the latest attempt to bridge that gap, as the court continues to grapple with a steadily rising caseload.