Ordinance Issued to Increase Supreme Court Judges

Ordinance Issued to Increase Supreme Court Judges

Why in News?

Recently, President Droupadi Murmu promulgated an ordinance increasing Supreme Court judges from 33 to 37, raising total strength to 38 including the CJI.

• The Ordinance will be replaced by the Supreme Court (Number of Judges) Amendment Bill, 2026 in the upcoming parliamentary sessions.

Highlights of Supreme Court Judges Expansion Through Presidential Ordinance

• Ordinance Issued: President Droupadi Murmu promulgated the Supreme Court (Number of Judges) Amendment Ordinance, 2026 under Article 123, increasing judges from 33 to 37, excluding the CJI. Total sanctioned strength is now 38 judges. 
  • Article 123 empowers the President to promulgate an ordinance when Parliament is not in session and immediate action is necessary. Such ordinances have the same force as laws passed by Parliament temporarily.
• Amendment: The ordinance amended Section 2 of the Supreme Court (Number of Judges) Act, 1956, replacing the word “thirty-three” with “thirty-seven”.
  • The Union Cabinet, chaired by Prime Minister Narendra Modi, approved the proposal on 5 May 2026 before the ordinance was notified.
  • Supreme Court strength expanded progressively: 1956–11 judges, 1960–14, 1977–18, 1986–26, 2008–31, 2019–34, and 2026–38 including CJI.
• Constitutional Foundation: Under Article 124(1) of the Constitution, the Supreme Court of India shall comprise the CJI and such other judges as Parliament may prescribe by law.
  • This provides Parliament (and the Executive via Ordinances) the constitutional authority to alter the maximum sanctioned judge limit.
• Legal Effect: The ordinance came into force immediately after publication in the Gazette of India on 16 May 2026, enabling creation of four additional judicial posts instantly. 
  • Despite increased strength, appointments will still occur through the Collegium System, involving recommendations by senior Supreme Court judges and executive approval. 
  • Expenditure on judges’ salaries, staff, infrastructure, and facilities will be funded through the Consolidated Fund of India, ensuring constitutional financial backing.

Reasons For Increasing Strength Of Supreme Court Judges

• Case Pendency:  pending cases before the Supreme Court. In 2026, pendency crossed 92,000 cases, compared to nearly 59,500 cases in 2019, reflecting a sharp increase in judicial burden.
• Case Disposal Rates: The apex court’s average disposal rate has historically stagnated between 55% and 59%. Augmenting the roster ensures more benches can operate simultaneously, directly raising the daily and annual case disposal velocity. 
• Faster Delivery Of Justice: The government emphasized speedy justice delivery as a constitutional necessity under Article 21. Increasing judge strength enables more benches to function simultaneously and improves disposal rates.
• Growth In Constitutional Matters: A large number of sensitive Constitution Bench cases involving federalism, elections, reservations, and fundamental rights remain pending. More judges allow dedicated larger benches for constitutional interpretation.
• Increasing Special Leave Petitions: Under Article 136, citizens can directly approach the Supreme Court through Special Leave Petitions (SLPs). Thousands of appeals annually significantly increase the Court’s workload and hearing pressure.
• Low Judge-Population Ratio: India has only about 21 judges per million population, far below many developed nations where ratios exceed 100 judges per million. This structural shortage directly affects judicial efficiency.
• Multi-Judge Benches: Over 1,200 cases are pending before three-judge benches, while hundreds await hearings before five-, seven-, and nine-judge benches. Additional judges help constitute more specialized benches.
• Economic Growth Impact: Judicial delays are estimated to cost India approximately 1.5% to 2% of its annual GDP. 
  • Each additional month of average disposal time is linked to a reduction in GDP growth by roughly 1.31 percentage points due to stalled projects and capital lockups.

Impact of This 

• Case Disposal: Higher judicial strength can significantly improve annual case disposal rates. The Supreme Court disposed of over 52,000 cases in 2025, yet fresh filings remained higher. 
  • Additional judges may help the Court achieve better balance between institution and disposal of cases.
• Digital Expansion: More judges may accelerate adoption of digital court management systems, AI-supported documentation, e-filing, and virtual hearings.
  • The Supreme Court’s digital infrastructure under the e-Courts Mission Mode Project is expected to become more effective with expanded judicial capacity. 
• Regional Access: Increased strength may revive discussions on establishing regional benches of the Supreme Court. 
  • Law Commission reports have repeatedly recommended benches in different regions to reduce litigation costs and improve access for citizens outside Delhi.
• Review Efficiency: A larger bench strength can improve handling of review petitions and curative petitions, which often remain pending for long periods. 
  • Faster review mechanisms may increase confidence in judicial accountability and corrective justice. 
• Policy Stability: Timely judgments in major constitutional and economic disputes can improve policy certainty for governments and institutions. 
  • Delayed verdicts on taxation, elections, and regulatory issues often create administrative uncertainty across sectors.
• Human Resources: Expansion will require more court staff, law clerks, researchers, and infrastructure support. 
  • This may strengthen institutional professionalism and improve research quality behind judicial decision-making.
• Global Standing: Improved judicial efficiency can strengthen India’s image in global democratic and legal indices. 
  • Faster justice delivery is closely linked with rule of law rankings, investor trust, and international institutional credibility.