Union Cabinet of India approved raising strength of Supreme Court of India from 34 to 38 judges including CJI. Bill will be introduced in Parliament to address vacancies and growing case backlog.
The Union Cabinet has cleared a plan to raise theSupreme Court of India’s sanctioned strength from34 judges to 38, counting the Chief Justice of India (CJI) within this figure.
Union Minister Ashwini Vaishnaw stated that a legislative bill for this purpose will be tabled in the upcoming session of Parliament. The Supreme Court is currently functioning with two vacancies.
Once the proposed amendment is passed, the permissible total strength will increase accordingly, with the objective of managing the rising workload of cases.
The Court’s strength was last updated in 2019, when it was increased from 30 to 33 judges (excluding the CJI), which brought the overall total to 34 including the Chief Justice. That step was meant to deal with growing pendency and to support faster disposal of cases. Even so, debates around backlog and judicial delays have continued.
The number of judges in the Supreme Court is determined by the Supreme Court (Number of Judges) Act, 1956, which has been amended at different points to reflect the judiciary’s expanding requirements.
The Act initially set the number of judges (excluding the CJI) at 10. This was first raised to 13 through an amendment in 1960, and later to 17.
The Supreme Court (Number of Judges) Amendment Act, 1986 increased the sanctioned strength to 25 judges (excluding the CJI), representing a major enhancement in judicial capacity.
In 2009, another amendment increased the sanctioned strength from 25 to 30 judges (excluding the CJI), aligning with the steady growth in litigation and the corresponding need for more judicial resources. Taken together, these amendments illustrate an ongoing legislative effort to match the Court’s capacity with the demands of a rapidly changing legal environment.
From a constitutional standpoint,
“Article 124 of the Constitution of India provides the foundational framework for the composition of the Supreme Court. It establishes that the Court shall consist of a Chief Justice of India and such number of other judges as Parliament may by law prescribe.”
This empowers Parliament to set and revise the Court’s strength through legislation, allowing the system to adapt to evolving judicial needs.
Against this backdrop, the proposal to increase the number of judges to 38 forms part of a wider initiative to strengthen the Supreme Court’s institutional capacity. By expanding the bench, the government aims to promote quicker adjudication, help reduce case backlogs, and improve access to justice overall.
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