Context: The Union Cabinet approved a proposal to introduce the Supreme Court (Number of Judges) Amendment Bill, 2026.
- This move aims to increase the sanctioned strength of the Supreme Court from 33 to 37 judges (excluding the Chief Justice of India).
About Cabinet Approve Increase In Supreme Court Judge Strength To 37:
What it is?
- This is a legislative measure to expand the judicial capacity of India’s highest court. By amending the Supreme Court (Number of Judges) Act, 1956, the government increases the maximum number of judges who can be appointed to the bench. With the CJI included, the total sanctioned strength will now rise to 38.
Constitutional Provision:
- Article 124(1): The Constitution originally mandated a Chief Justice and seven other judges. Crucially, it gave Parliament the power to increase this number by law.
- Consolidated Fund of India: All expenditures related to the salaries, staff, and facilities for these additional judges are charged to the Consolidated Fund of India, ensuring judicial financial independence.
Historical Evolution of Judge Strength:
The strength of the Supreme Court has been periodically increased to keep pace with the growing legal workload:
| Year | Amendment Act | Sanctioned Strength (Excluding CJI) | Total Strength |
| 1950 | Constitution of India | 7 | 8 |
| 1956 | Original Act of 1956 | 10 | 11 |
| 2026 | Proposed Bill | 37 | 38 |
Procedure for Increasing Strength & Appointment
- Legislative Amendment: Since the limit is set by the 1956 Act, any increase requires an Amendment Bill to be passed by both Houses of Parliament (Simple Majority) and receive Presidential Assent.
- The Proposal: Usually, the Chief Justice of India (CJI) writes to the government citing the backlog of cases and the need for more benches.
- Appointment (Memorandum of Procedure):
- Once the strength is increased, the Supreme Court Collegium (consisting of the CJI and the four senior-most judges) recommends names for the new posts.
- The names are sent to the Union Ministry of Law and Justice, which forwards them to the Prime Minister and the President.
- The President of India officially appoints the judges under Article 124(2).
Significance:
- The Supreme Court currently faces a massive backlog of thousands of cases. More judges allow for the formation of more benches, increasing the daily disposal rate.
- Critical matters involving the interpretation of the Constitution require a minimum of five judges. A higher total strength ensures that these benches can sit without paralyzing the regular appellate work of the court.
