Lok Sabha Approves Bill to Expand Supreme Court Judges to 38

thelawmonitor
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Lok Sabha Approves Bill to Expand Supreme Court Judges to 38

On Monday, the Lok Sabha approved the Supreme Court (Number of Judges) Amendment Bill, 2026, through a voice vote. This legislative move aims to augment the sanctioned number of judges in the Supreme Court from 33 to 38, inclusive of the Chief Justice of India. The Bill was introduced by Arjun Ram Meghwal, the Union Minister of State (Independent Charge) for Law and Justice. It amends Section 2 of the Supreme Court (Number of Judges) Act, 1956, by replacing the term ‘thirty-three’ with ‘thirty-seven.’

Justification for Increasing Judge Strength

The Statement of Objects and Reasons accompanying the Bill highlights that the Supreme Court had accumulated 92,101 pending cases as of January 1, 2026. Despite functioning near its full sanctioned capacity of 34 judges since 2019, there was a notable disparity between new case filings and case disposals. In 2025 alone, the Court witnessed 75,410 new filings against 65,615 disposals. This backlog, coupled with the necessity for more frequent Constitution Bench sittings, underscored the need for additional judicial appointments.

Financial Implications

The Bill’s Financial Memorandum estimates the recurring annual cost of the additional judges and their supporting staff at approximately ₹10.57 crore. Additionally, there is a one-time expenditure of around ₹3.47 crore intended for the provision of official residences and vehicles for the new appointees.

Historical Context and Legislative Journey

The proposal to expand the Supreme Court’s strength from 34 to 38 judges received Union Cabinet approval on May 5, followed by the promulgation of an ordinance on May 16. This marks the first alteration in the Court’s sanctioned strength via parliamentary enactment since 2019, when it was increased from 31 to 34 judges.

The Supreme Court’s composition has evolved significantly since its inception in 1950, when it comprised 8 judges, including the Chief Justice. Over the years, the number has been incrementally raised: to 11 in 1956, 14 in 1960, and 18 in 1977. Although a temporary cap was placed at 15 judges until the end of 1979, it was lifted upon the request of the then Chief Justice. Subsequent increases brought the number to 26 in 1986 and then to 31 in 2009.

[Read the full text of the Bill as presented in Lok Sabha]

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