Supreme Court Judge Strength Increased to 37: Will the Move Solve India’s Growing Case Backlog?
India’s judicial system has taken a significant step toward addressing the mounting crisis of pending cases. President Droupadi Murmu has promulgated an ordinance increasing the sanctioned strength of judges in the Supreme Court from 33 to 37, excluding the Chief Justice of India (CJI). With this amendment, the total strength of the apex court will now rise to 38 judges, including the CJI.
The move comes at a crucial time when the Supreme Court is struggling with a backlog of more than 93,000 pending cases — a figure rapidly approaching the six-digit mark.
Why Was the Ordinance Introduced?
The government invoked Article 123 of the Constitution, which empowers the President to promulgate ordinances when Parliament is not in session and immediate action is necessary.
The “Supreme Court (Number of Judges) Amendment Ordinance, 2026” amends Section 2 of the Supreme Court (Number of Judges) Act, 1956 by replacing the existing number “thirty-three” with “thirty-seven”.
This ordinance will later be tabled in Parliament when it reconvenes. If both Houses approve it, the ordinance will become a permanent law. Otherwise, it will lapse six weeks after Parliament reassembles.
Rising Pendency: A Major Concern
One of the primary reasons behind increasing the number of Supreme Court judges is the alarming rise in pending cases. The judiciary has been facing a severe pendency crisis for years, worsened after the COVID-19 pandemic.
The introduction and widespread adoption of e-filing systems made access to justice easier, but it also resulted in a surge in fresh filings. As a result, the Supreme Court’s pending cases have crossed 93,000, raising concerns about delayed justice.
Legal experts believe that expanding the bench strength could help:
- Speed up hearings
- Reduce delays in constitutional matters
- Improve disposal rates
- Ease pressure on existing judges
- Ensure faster justice delivery
Current Vacancies Add to the Pressure
Despite the increase in sanctioned strength, the Supreme Court is already functioning with vacancies.
Currently vacant positions include:
- Former Chief Justice of India Justice B.R. Gavai, who retired in November 2025
- Justice Rajesh Bindal, who retired in April 2026
Additionally, three more judges are scheduled to retire later in 2026:
- Justice J.K. Maheshwari
- Justice Pankaj Mithal
- Justice Sanjay Karol
These retirements underline the urgent need for additional appointments and judicial reforms.
A Look at the Evolution of Supreme Court Strength
The Indian Constitution originally envisioned a much smaller Supreme Court. Article 124(1) initially provided for the Chief Justice of India and up to seven judges.
Over the decades, Parliament has repeatedly expanded the court’s strength in response to rising litigation:
- 1950: 7 judges
- 1956: 10 judges
- 1960: Increased to 13
- 1977: expanded to 17
- 1986: Increased to 25
- 2009: Increased to 30
- 2019: Increased to 33
- 2026: Increased to 37
This marks the first expansion in judicial strength after a six-year gap.
Will Increasing Judges Solve the Crisis?
While increasing the number of judges is a positive development, experts argue that it is only one part of the solution. India’s judiciary also requires:
- Faster judicial appointments
- Improved court infrastructure
- Better case management systems
- Technology-driven reforms
- Reduction in procedural delays
Without structural reforms, merely increasing the number of judges may not fully resolve the pendency crisis.
However, the ordinance reflects the government’s recognition of the growing burden on the judiciary and the urgent need to strengthen the Supreme Court.
Conclusion
The decision to increase the Supreme Court’s sanctioned strength to 37 judges is a landmark move aimed at tackling India’s mounting judicial backlog. With over 93,000 pending cases and several upcoming retirements, the expansion could provide much-needed relief to the apex court.
As Parliament prepares to deliberate on the ordinance, the focus will now shift toward timely appointments and broader judicial reforms that can ensure faster and more efficient justice delivery in India.
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