Key Details
Passed by the Lok Sabha on 3 August 2026, the Bill gives legislative backing to a four-judge increase already brought into effect through an Ordinance on 16 May.
Area | Key Development |
|---|---|
Legislative Change | Amends the Supreme Court (Number of Judges) Act, 1956. |
Additional Posts | Creates four additional posts for Supreme Court judges. |
Number Excluding The CJI | Increases the maximum number of judges other than the Chief Justice of India from 33 to 37. |
Total Court Strength | Raises the total sanctioned strength from 34 to 38 judges, including the Chief Justice of India. |
Commencement | Deemed to have come into force on 16 May 2026. |
Ordinance | Repeals the Supreme Court (Number of Judges) Amendment Ordinance, 2026, while preserving actions already taken under it. |
Pending Cases | The Court had 92,101 pending cases as of 1 January 2026. |
Cases Filed And Disposed | In 2025, 75,410 fresh matters were registered, while 65,615 were disposed of. |
Financial Impact | Estimated expenditure of approximately ₹14.04 crore, comprising ₹10.57 crore in recurring annual expenditure and ₹3.47 crore in one-time expenditure. |
Four Additional Posts Raise Total Strength To 38
The Supreme Court (Number of Judges) Amendment Bill, 2026 amends the Supreme Court (Number of Judges) Act, 1956 by increasing the maximum number of judges other than the Chief Justice of India from 33 to 37. With the Chief Justice included, the Court’s total sanctioned strength rises from 34 to 38 judges.
The increase was first introduced through the Supreme Court (Number of Judges) Amendment Ordinance, 2026, which took effect on 16 May 2026. The Bill repeals that Ordinance and incorporates the higher strength into the 1956 Act.
A savings provision preserves appointments and other actions taken under the Ordinance by treating them as actions under the amended Act. This maintains legal continuity between the Ordinance and the proposed legislation.
At the stage covered by the source document, the Bill had been passed by the Lok Sabha on 3 August 2026.
New Filings Continue To Exceed Disposals
The Statement of Objects and Reasons identifies the persistent gap between cases filed and disposed of as the principal reason for increasing the Court’s strength.
As of 1 January 2026, the Supreme Court had 92,101 pending cases. During 2025:
75,410 fresh matters were registered; and
65,615 cases were disposed of.
This meant that new filings exceeded disposals by 9,795 cases during the year. The increase occurred despite the Court functioning at near-full sanctioned strength of 34 judges since 2019.
The Government presents the four additional posts as a way to strengthen the Court’s ability to manage its growing docket, particularly older pending cases and matters requiring consideration by larger Benches.
More Capacity Is Intended For Constitution Bench Cases
The amendment also seeks to give the Chief Justice of India greater capacity to constitute Constitution Benches regularly. These Benches hear matters involving substantial questions about the interpretation of the Constitution and require at least five judges.
Allocating five or more judges to a single matter affects the number available for the smaller Benches that hear most of the Court’s regular civil and criminal cases. A higher sanctioned strength is intended to provide greater room for larger-Bench hearings alongside the Court’s routine docket.
The Financial Memorandum provides for the four additional judges and associated requirements:
approximately ₹10.57 crore a year for salaries, supporting staff and operational expenses; and
approximately ₹3.47 crore in one-time expenditure for official residences, vehicles and related infrastructure.
The total estimated expenditure is approximately ₹14.04 crore.
What Is A Constitution Bench?
A Constitution Bench of the Supreme Court consists of at least five judges. Article 145(3) of the Constitution requires such a Bench when a case involves a substantial question of law concerning the interpretation of the Constitution. These Benches decide issues that can influence how constitutional provisions are understood and applied beyond the immediate dispute. Larger Benches may also reconsider important legal principles established by smaller Benches.
Because a Constitution Bench requires at least five judges, constituting one places greater demands on the Court’s available judicial strength than an ordinary two- or three-judge Bench.
Policy Relevance
The amendment expands sanctioned judicial capacity in response to a measurable gap between new filings and disposals. Its impact can be assessed through changes in pendency, the age of unresolved cases and the regularity of Constitution Bench hearings.
Working strength remains important: The benefit of additional posts depends on timely appointments and the Court’s ability to remain close to its sanctioned strength.
The filing-disposal gap provides a direct measure: Pendency will begin to fall consistently only if disposals keep pace with or exceed incoming cases.
Older cases need separate assessment: Higher overall disposal may not reduce long-pending matters unless their movement is tracked independently.
Constitution Bench hearings offer another indicator: The frequency, duration and completion of larger-Bench cases can show whether the additional capacity is serving the amendment’s stated constitutional purpose.
Supporting capacity affects utilisation: Staff, registry processes, court infrastructure and case scheduling will influence how effectively the four additional judicial posts are used.
Follow The Full Bill Here: Supreme Court (Number of Judges) Amendment Bill, 2026 — As Passed By Lok Sabha