Expanding The Sanctioned Strength Of The Supreme Court

Context: The article examines the proposed statutory increase in Supreme Court judges and whether additional judicial capacity can reduce pendency and improve constitutional adjudication.

Source: “The Supreme Court (Number of Judges) Amendment Bill, 2026,” PRS Legislative Research, July 20, 2026. Read the Bill summary

Core Points

• The Bill was introduced in the Lok Sabha on July 20, 2026.
• It seeks to replace the Supreme Court (Number of Judges) Amendment Ordinance promulgated on May 16, 2026.
• It increases the number of Supreme Court judges other than the Chief Justice of India from 33 to 37. The total sanctioned strength would rise from 34 to 38.
• Parliament determines the numerical strength of the Supreme Court through ordinary legislation under Article 124.
• Additional judges can increase the number of benches available for civil, criminal, constitutional and public-law cases.
• Increasing sanctioned strength will have limited effect if appointments remain delayed or vacancies, listing practices and case management are not addressed.
• Constitution Benches require at least five judges, placing additional pressure on the Court’s ordinary appellate workload.
• Judicial-capacity reform should combine timely appointments, research support, digital case management and greater institutional focus on constitutional adjudication.

Prelims Relevance

• Article 124 provides for the establishment and composition of the Supreme Court.
• Supreme Court judges are appointed by the President.
• Parliament can increase the number of Supreme Court judges by law.
• A Constitution Bench consists of at least five judges when a substantial question concerning constitutional interpretation arises.

Mains Relevance

• GS II: Structure and functioning of the judiciary, judicial pendency and access to justice.
• GS II: Judicial appointments, court administration and institutional reform.

Supporting Fact Box

• The original Supreme Court had eight judges, including the Chief Justice of India.
• The 2019 amendment raised the sanctioned strength to 34 judges, including the CJI.
• Article 129 declares the Supreme Court a court of record and empowers it to punish for contempt.
• Article 130 provides that the Supreme Court shall sit in Delhi or another place approved by the President after consultation with the CJI.
• Article 130 dictates that the Chief Justice of India acts as the primary authority who appoints another place, with the prior approval of the President.