Key Provisions / Legal Framework
The Union Cabinet approved an increase in the number of judges of the Supreme Court from 34 to 38 on May 5, 2026, in a bid to address the pendency crisis. This development is significant as it aims to tackle the long-standing issue of backlog cases in the Supreme Court, which has been exacerbated by the pandemic. The proposed increase of four judges will bring the total sanctioned strength of the Supreme Court to 38, including the Chief Justice of India.
- •Supreme Court Expansion: A Step Towards Tiding Over Pendency
Supreme Court Expansion: A Step Towards Tiding Over Pendency
The Union Cabinet on Tuesday (May 5, 2026) approved an increase in the number of judges of the Supreme Court from 34, which includes the Chief Justice of India, to a total 38. This move aims to address the ongoing crisis of pendency plaguing the court for years now, especially after the pandemic, when the facility of e-filing increased the inflow. The current backlog is 92,385 cases, and threatening to reach six figures even as the court is going into summer recess or 'partial working days' in June.
Did You Know? The Supreme Court's sanctioned strength has been increased only twice since its inception - in 1956 and 2019. The last amendment to the Supreme Court (Number of Judges) Act, 1956, raised the sanctioned strength from 31 to 33 (excluding the Chief Justice of India).
The government's approval for more judges on the Supreme Court is after a six-year hiatus. The Parliament had last amended Section 2 of the Supreme Court (Number of Judges) Act, 1956 in 2019, raising the sanctioned strength from 31 to 33 (excluding the Chief Justice of India). The Cabinet approval would be followed by an amendment to the 1956 Act. Article 124(1) gives Parliament the sole authority to increase the sanctioned strength of the Supreme Court. Once the amended law comes into force, the Supreme Court Collegium would recommend judges to the government for appointment to the top court.
The Supreme Court (Number of Judges) Act, 1956, governs the sanctioned strength of the Supreme Court. The Act provides for the appointment of judges to the Supreme Court, subject to the approval of the President of India. The President may appoint judges to the Supreme Court on the recommendation of the Chief Justice of India, with the concurrence of not less than two-thirds of the judges of the Supreme Court.
- ▸The Supreme Court (Number of Judges) Act, 1956 provides for the appointment of judges to the Supreme Court.
- ▸Article 124(1) gives Parliament the sole authority to increase the sanctioned strength of the Supreme Court.
- ▸The Judges (Inquiry) Act, 1980 provides for the inquiry into the conduct of judges of the Supreme Court and the High Courts.
The Numbers That Matter
The Supreme Court has a sanctioned strength of 33 judges, including the Chief Justice of India. However, the current strength of the court is 31 judges, with two vacancies. The court has a backlog of 92,385 cases, which is threatening to reach six figures.
- ▸The Supreme Court has a sanctioned strength of 33 judges.
- ▸The current strength of the court is 31 judges.
- ▸The court has a backlog of 92,385 cases.
Stakeholders and Their Interests
The Supreme Court expansion is a significant development for the judiciary and the government. The government has been under pressure to address the pendency crisis in the Supreme Court. The expansion of the court will help to reduce the backlog of cases and improve the efficiency of the judiciary.
- ▸The government has been under pressure to address the pendency crisis in the Supreme Court.
- ▸The expansion of the court will help to reduce the backlog of cases and improve the efficiency of the judiciary.
Significance and What Changes Now
The Supreme Court expansion is a significant step towards addressing the pendency crisis in the court. The expansion will help to reduce the backlog of cases and improve the efficiency of the judiciary. The government's approval for more judges on the Supreme Court is a welcome move, and it is expected to have a positive impact on the judiciary.
- ▸The Supreme Court expansion is a significant step towards addressing the pendency crisis in the court.
- ▸The expansion will help to reduce the backlog of cases and improve the efficiency of the judiciary.
Closing Lines
Tags
Concepts Mentioned
Judges (Inquiry) Act 1980
The Judges Act 1980 is a law regarding judicial inquiries in India. It allows for investigations into the conduct of judges. The Act was used in the impeachment of Justice V. Ramaswami.
Supreme Court (Number of Judges) Act, 1956
The Supreme Court Act of 1956 increased the number of judges to 11. It strengthened the judiciary, enhancing its capacity to handle cases. The Act set a significant judicial precedent.
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