India’s highest court is set for a larger bench strength after President Droupadi Murmu issued an Ordinance increasing the sanctioned number of judges in the Supreme Court of India from 34 to 38, including the Chief Justice of India.
The newly issued Supreme Court (Number of Judges) Amendment Ordinance, 2026, published in the Gazette on May 16, revises the decades-old Supreme Court (Number of Judges) Act, 1956. The amendment replaces the earlier cap of 33 judges — excluding the Chief Justice — with 37 judges apart from the CJI.
With the change taking effect, the apex court can now function with a full strength of 38 judges.
The move comes amid mounting case backlogs and increasing pressure on the judicial system to speed up hearings in constitutional, civil and criminal matters. The Ordinance creates four additional judicial positions, though appointments to those seats will still require recommendations through the collegium system.
The decision follows approval by the Union Cabinet earlier this month to expand the Court’s sanctioned strength.
The Ordinance has been promulgated under Article 123 of the Constitution, a provision that allows the President to enact temporary laws when Parliament is not in session.
The Supreme Court’s journey in terms of numbers has been gradual but steady. When the Court was established in 1950, it began with just eight judges, including the Chief Justice. Parliament first expanded that strength in 1956, taking the total to 11 judges.
Further revisions followed over the decades — 14 judges in 1960, 18 in 1977, 26 in 1986, and 31 in 2009. The last increase came in 2019, when the sanctioned strength rose to 34.
Article 124(1) of the Constitution originally envisioned a Chief Justice and up to seven other judges, while leaving room for Parliament to enlarge the Court as judicial demands evolved.
