Presidential Assent Expands Supreme Court Strength to 38 Judges

New legislation aims to address rising case pendency and facilitate larger Constitution Benches

by The_unmuteenglish

NEW DELHI, AUGUST 13: President Droupadi Murmu has granted assent to the Supreme Court (Number of Judges) Amendment Act, 2026, officially raising the sanctioned judicial strength of the apex court from 34 to 38 judges, including the Chief Justice of India. Gazette notification was issued following the Presidential signature, giving full statutory standing to the judicial expansion.

 

The legislation formally replaces the Supreme Court (Number of Judges) Amendment Ordinance, 2026, promulgated earlier this year. Retrospectively effective from May 16, 2026, the newly enacted statute validates all administrative and judicial actions undertaken during the period the ordinance remained operational.

 

“The CJI pointed to the growing inflow of cases and the difficulty in maintaining the Court’s disposal rate when judges are assigned to Constitution Benches,” Union Minister of State for Law and Justice Arjun Ram Meghwal declared during parliamentary discussions, noting that Chief Justice of India Surya Kant had formally requested the expansion in a communication to Prime Minister Narendra Modi.

 

Judicial statistics indicate that over 92,000 matters remained pending before the highest court at the beginning of 2026, with annual filings outstripping total disposals despite steady court operations. The judicial enhancement is designed to provide needed capacity for complex multi-judge Bench proceedings, such as the nine-judge reference regarding Sabarimala, while maintaining consistent disposal rates for routine appeals.

 

The legislative process concluded after Union Minister Arjun Ram Meghwal introduced the measure as a money bill under Article 110 in the Lok Sabha on July 20. Following passage in the Lower House, the Rajya Sabha considered and returned the bill, leading up to the final presidential notification. This marks the first expansion of apex court judge capacity since 2019, building on historical increments that began when the court established operations in 1950 with eight judges.

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