The Supreme Court (Number of Judges) Amendment Bill, 2026
Source: PRS
GS II: Structure, Organization and Functioning of the Executive and the Judiciary
Overview
- The Supreme Court (Number of Judges) Amendment Bill, 2026 revises the Supreme Court (Number of Judges) Act, 1956 to expand the Court’s sanctioned judicial strength.
- The amendment seeks to improve the Supreme Court’s capacity to handle its growing workload and facilitate the faster disposal of cases.
- It reflects the need to strengthen the justice delivery system while reinforcing Parliament’s power under Article 124(1) to determine the Court’s strength through legislation.
Why in the News?
Parliament has passed the Supreme Court (Number of Judges) Amendment Bill, 2026, increasing the sanctioned strength of Supreme Court judges to address the growing backlog of cases.
News in Brief
- The Bill amends the Supreme Court (Number of Judges) Act, 1956.
- It replaces the Supreme Court (Number of Judges) Ordinance, 2026, which had temporarily increased the sanctioned strength of the Court.
- The legislation was introduced to enhance the Supreme Court’s capacity to deal with the growing caseload and reduce delays in the disposal of cases.
Key Highlights
- Supreme Court (Number of Judges) Amendment Bill, 2026 provides for increasing the number of Judges of the Supreme Court by 04 i.e. from 33 to 37 (excluding the Chief Justice of India).
- According to the Bill, the volume of litigation in the Supreme Court has constantly been on the rise due to a persistent gap between institution and final disposal of cases in the court.
- The increase in the number of Judges will allow Supreme Court to function more efficiently and effectively ensuring speedy justice.
- The expenditure on salary of Judges and supporting staff and other facilities will be met from the Consolidated Fund of India.
Constitutional Provisions
- Under Article 124(1), it provides for a Chief Justice of India and leaves it to Parliament to determine the strength of the court through legislation, allowing periodic revisions in response to rising caseloads.
- Article 124 (1) in Constitution of India inter-alia provided “There shall be a Supreme Court of India consisting of a Chief Justice of India and, until Parliament by law prescribes a larger number, of not more than seven other Judges…”.
- Note- The Constitution of India does not prescribe a fixed number of judges in the Supreme Court.
- Judges are appointed by the President of India following the established constitutional process.
- Judges hold office until the age of 65 years.
Significance and Challenges
- Lowers the heavy case backlog carried by individual judges.
- Improves judicial efficiency and timely disposal of cases.
- Supports economic growth by improving contract enforcement and gives clear legal certainty for businesses.
- Better implementation of the constitutional provision of speedy justice under Article 21.
Challenges
- Increasing the number of judges alone may not eliminate pendency.
- Vacancies in High Courts and subordinate courts also require attention.
- Judicial infrastructure, digital courts and adequate staff must be strengthened.
- Judicial reforms should be accompanied by procedural efficiency and technology adoption.
Evolution of the Supreme Court (Number of Judges) Act
| Year | Sanctioned Strength |
|---|---|
| 1950 (Constitution) | Chief Justice + 7 Judges (Total 8) |
| 1956 Act | Chief Justice + 10 Judges (Total 11) |
| Subsequent Amendments | Increased periodically to meet rising caseloads |
| 2026 Amendment | Chief Justice + 37 Judges (Total 38) |
Key Features
- It provides the maximum sanctioned strength of judges in the Supreme Court.
- Parliament can increase or decrease the number of judges by amending this Act through an ordinary law.
- The Act does not alter the Constitution; it only changes the statutory limit on the number of judges.
- The objective is to ensure that the Supreme Court has adequate judicial capacity to meet its workload.
Way Forward and Conclusion
The Supreme Court (Number of Judges) Amendment Bill, 2026 is a significant step towards strengthening India’s justice delivery system by enhancing the Court’s adjudicatory capacity.
However, reducing judicial delays will also require timely appointments, improved court infrastructure, greater use of technology and comprehensive judicial reforms across all levels of the judiciary.
Key Takeaways
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UPSC Prelims and Mains Practice Question
Consider the following statements:
- Article 124 of the Constitution empowers Parliament to determine the number of judges in the Supreme Court.
- The Supreme Court (Number of Judges) Amendment Bill, 2026 increases the sanctioned strength of the Supreme Court from 34 to 38 judges, including the Chief Justice of India.
- The increase in the sanctioned strength of the Supreme Court requires a constitutional amendment.
Which of the statements given above are correct?
(a) 1 and 2 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1, 2 and 3
Answer: (a)
Mains Practice Question
Q. Examine the significance of increasing the sanctioned strength of the Supreme Court in improving access to justice. What complementary reforms are required to address judicial delays in India? (15 Marks, 250 Words)
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