Lok Sabha Passes Supreme Court Judge Strength Bill to Increase Judges to 38
| General Studies Paper II: Judiciary, Government Policies & Interventions |
Why in News?
Recently Lok Sabha passed the Supreme Court Judge Strength Bill or Supreme Court (Number of Judges) Amendment Bill 2026, raising sanctioned strength to 38.
Highlights of Supreme Court (Number of Judges) Amendment Bill, 2026
- Increase in Judge Strength: The Bill increases the sanctioned strength of the Supreme Court from 33 to 37 judges, excluding the Chief Justice of India (CJI).
- Thus, the Court’s total strength becomes 38 judges, including the CJI.
- This is the first increase in judge strength since 2019, when the number was raised from 31 to 34 (including the CJI).
- Starting from 1+7 judges, India’s Supreme Court progressively expanded—reaching 10 in 1956, 13 in 1960, 17 in 1977, and 25 in 1986—to meet the nation’s growing legal needs.
- Amendment to 1956 Act: The Bill amends the Supreme Court (Number of Judges) Act, 1956.
- It only revises the numerical strength of judges and does not alter the Court’s constitutional powers, jurisdiction or structure.
- Nature: This is a statutory amendment, not a Constitutional Amendment.
- Parliament can change the sanctioned strength through ordinary legislation.
- Financial Provision: Expenditure on judges’ salaries, allowances, staff and infrastructure will be met from the Consolidated Fund of India.
Need for Increasing Supreme Court Judge Strength
- Rising Case Pendency: The foremost reason is the rapid rise in pending cases.
- The Supreme Court currently has around 93,000 pending cases, creating heavy pressure on existing benches.
- More judges can improve disposal capacity and reduce waiting time.
- Faster Delivery of Justice: Speedy justice is a core objective of Article 21.
- The 2026 Bill seeks to expand the Court from 34 to 38 judges (including CJI), enabling quicker hearings and judgments.
- Tackling Long-Pending Cases: Thousands of cases remain unresolved for years.
- More than 10,000 cases have been pending for over 10 years, including 558 cases exceeding 20 years and 26 cases over 30 years.
- Additional judges can prioritize these matters.
- Meeting National Judicial Demand: India has only about 21 judges per million population, far below earlier expert recommendations of 50 judges per million.
- Expanding Supreme Court strength is one step toward addressing the broader judicial capacity gap.
- More Constitution Benches: Important constitutional disputes require five or more judges.
- Increasing judicial strength allows simultaneous Constitution Benches while regular benches continue hearing routine matters.
- Better Judicial Efficiency: Additional judges reduce the workload per judge, improve case allocation, and increase daily disposal rates.
- This strengthens overall judicial productivity and institutional efficiency.
- Strengthening Rule of Law: Timely decisions enhance public confidence, legal certainty and protection of Fundamental Rights.
- Faster adjudication reinforces the Rule of Law and constitutional governance.
Procedure for Increasing Supreme Court Judge Strength
- Constitutional Basis: Under Article 124(1), the Supreme Court consisted of a Chief Justice and seven judges.
- The number of Supreme Court judges is decided through an ordinary law, not through a Constitutional Amendment under Article 368.
- Hence, Parliament can increase or decrease the sanctioned strength by passing a simple amendment to the relevant statute.
- Process: The legislative process to increase the strength of the Supreme Court include:
- The Chief Justice of India sends a formal proposal to the Union Ministry of Law and Justice, justifying the requirement for additional Constitution Benches.
- Upon receiving the proposal, the Law Ministry consults with the Finance Ministry regarding budgetary implications and subsequently places a draft bill before the Union Cabinet for its consideration.
- Following Cabinet approval, the government introduces the Supreme Court (Number of Judges) Amendment Bill in Parliament, where it must be passed by both the Lok Sabha and the Rajya Sabha by a simple majority.
- After approval by both Houses, the Bill is sent to the President of India under Article 111. It becomes law only after receiving Presidential assent, following which the amended judge strength comes into force.
Concerns over the Supreme Court Judges Bill
- Focuses Only on Numbers: The Bill increases the sanctioned strength only. Experts argue that judicial pendency is a structural problem.
- Merely adding 4 judges may not substantially reduce the backlog of over 92,000 pending cases without broader reforms.
- Persistent Judicial Vacancies: Increasing sanctioned posts does not automatically fill vacancies.
- Delays in the Collegium’s recommendations and the Government’s appointment process can leave new positions vacant, limiting the Bill’s intended impact.
- No Reform in Appointment System: The Bill leaves the existing Collegium system unchanged.
- Concerns regarding transparency, accountability, and delays in judicial appointments remain unaddressed despite repeated demands for reform.
- No Regional Benches: The 229th Law Commission Report (2009) recommended four regional Cassation Benches and a permanent Constitution Bench in Delhi.
- The Bill does not incorporate these proposals to improve regional access to justice.
- National Court of Appeal Ignored: The proposal does not address long-standing suggestions for establishing a National Court of Appeal, which could reduce the Supreme Court’s appellate burden and improve efficiency.
- Infrastructure Constraints: More judges require additional courtrooms, research staff, technology, and administrative support.
- Without parallel infrastructure expansion, higher judicial strength alone may not significantly improve disposal rates.
- Limited Parliamentary Deliberation: The Lok Sabha passed the Bill without detailed debate amid disruptions.
- Some observers argued that a reform affecting the apex judiciary deserved wider parliamentary discussion and scrutiny.
Frequently Asked Questions (FAQs):
1. What is the Supreme Court Judge Strength Bill?
It amends the 1956 Act to increase the Supreme Court’s sanctioned judge strength to 38, including the CJI.
2. Why has the Lok Sabha passed this Bill?
To reduce case pendency, improve judicial efficiency, and ensure speedier delivery of justice across the country.
3. How will the Bill impact the Indian judiciary?
It will enable more benches, faster case disposal, and strengthen the justice delivery system.
4. Will the number of Supreme Court judges increase?
Yes. The sanctioned strength will increase from 34 to 38, including the Chief Justice of India.
5. What is the objective of increasing judicial strength?
To ensure timely justice, reduce backlog, improve efficiency, and strengthen access to justice.
Disclaimer: Information in this article is based on official announcements and public records. Regulations and implementation details may evolve over time.
