Union Cabinet Approves Increase in Supreme Court Judge Strength to 38 Including CJI

The Union Cabinet has approved a proposal to increase the sanctioned strength of the Supreme Court of India from 34 to 38 judges, including the Chief Justice of India. The decision was taken during a Cabinet meeting chaired by Prime Minister Narendra Modi on May 5, 2026.

The proposal seeks to increase the number of Supreme Court judges from 33 to 37, excluding the Chief Justice of India. To implement this change, the government plans to introduce the Supreme Court (Number of Judges) Amendment Bill, 2026 in Parliament.

The move comes at a time when the Supreme Court continues to face a heavy backlog of pending matters. The government stated that the increase in judge strength is aimed at improving the efficiency of the apex court and ensuring quicker disposal of cases.

Article 124(1) of the Constitution provides that the Supreme Court shall consist of the Chief Justice of India and such number of other judges as Parliament may decide by law. Initially, the Constitution allowed only seven judges apart from the CJI, while leaving room for future expansion through legislation.

To give effect to this constitutional provision, Parliament enacted the Supreme Court (Number of Judges) Act, 1956. The law originally fixed the strength of the Supreme Court at 10 judges excluding the CJI.

Over the decades, the sanctioned strength of the Court has been increased several times in response to rising litigation and expanding judicial responsibilities. In 1960, the number was raised from 10 to 13 judges.

The strength was further increased to 17 judges in 1977. In 1986, it was expanded to 25 judges. Later, Parliament approved another increase in 2008, taking the strength from 25 to 30 judges.

The last major expansion took place in 2019 when the sanctioned strength of the Supreme Court was increased from 30 to 33 judges excluding the CJI through the Supreme Court (Number of Judges) Amendment Act, 2019.

According to the government, the latest increase will help the Supreme Court constitute more benches simultaneously. This is expected to reduce the workload on existing judges and improve access to timely justice for litigants across the country.

The Cabinet also noted that expenses related to salaries, allowances, infrastructure and support staff for the additional judges will be met from the Consolidated Fund of India.