Four additional judicial posts proposed to address over 92,000 pending cases and facilitate regular Constitution Benches

New Delhi, 10 August 2026: The Lok Sabha has passed the Supreme Court (Number of Judges) Amendment Bill, 2026, which increases the sanctioned strength of Supreme Court Judges from 33 to 37, excluding the Chief Justice of India.

With the Chief Justice of India included, the Supreme Court’s total sanctioned strength will increase from 34 to 38 Judges.

Amendment proposed

The Bill amends Section 2 of the Supreme Court (Number of Judges) Act, 1956 by substituting the existing figure of “thirty-three” with “thirty-seven”.

It seeks to replace the Supreme Court (Number of Judges) Amendment Ordinance, 2026, while preserving all appointments, decisions and actions taken under the Ordinance. The legislation will be deemed to have come into force retrospectively from 16 May 2026.

Rising pendency behind increase

According to the Statement of Objects and Reasons, the volume of litigation before the Supreme Court has continuously increased because of the persistent gap between the number of new cases filed and cases finally disposed of.

As of 1 January 2026, 92,101 cases were pending before the Supreme Court. During 2025, the Court received 75,410 fresh matters, while only 65,615 cases were disposed of, notwithstanding that the Court was functioning at nearly its full sanctioned strength.

This continuing difference between institution and disposal has contributed to the growing case backlog, particularly concerning older cases and matters requiring consideration by larger Benches.

Regular Constitution Benches

The increase in judicial strength is expected to assist the Supreme Court in disposing of pending matters more efficiently. It will also enable the Chief Justice of India to constitute Constitution Benches on a more regular basis for hearing cases involving substantial questions of constitutional and other important laws.

The additional strength may also facilitate the constitution of larger Benches without significantly affecting the Court’s regular hearing and admission work.

Financial implications

The creation of four additional posts of Supreme Court Judges, together with the necessary staff, official residences, vehicles and security arrangements, is estimated to involve:

--     Recurring expenditure: Approximately ?10.57 crore per annum; and

--     Non-recurring expenditure: Approximately ?3.47 crore.

The total estimated expenditure for creating the four additional posts is approximately ?14.04 crore.

Significance

The amendment represents an important institutional measure to address the Supreme Court’s increasing workload and pendency. By raising the total sanctioned strength to 38 Judges, including the Chief Justice of India, the legislation aims to improve disposal rates, reduce delays and strengthen the Court’s capacity to hear Constitution Bench and other nationally significant matters.