President Murmu Promulgates Ordinance, Supreme Court Judge Strength Rises to 38
President Droupadi Murmu has promulgated an ordinance increasing the Supreme Court's sanctioned judge strength by four, raising the total to 38, including the Chief Justice of India. This aims to tackle severe case pendency, with over 93,000 cases awaiting disposal. The move amends the Supreme Court (Number of Judges) Act, 1956.
Key Highlights
- President Murmu promulgated the Supreme Court (Number of Judges) Amendment Ordinance, 2026.
- The ordinance increases judge strength from 33 to 37 (excluding CJI), making total 38.
- It addresses record case pendency, exceeding 93,000 cases in the Supreme Court.
- The Union Cabinet approved the proposal on May 5, 2026, ahead of the ordinance.
- This is the first increase in Supreme Court judge strength since 2019.
- The ordinance was promulgated under Article 123, as Parliament was not in session.
President Droupadi Murmu has promulgated the Supreme Court (Number of Judges) Amendment Ordinance, 2026, significantly increasing the sanctioned strength of judges in India's apex court. The ordinance, notified in the Gazette of India on May 16, 2026, and widely reported on May 17, 2026, raises the number of Supreme Court judges (excluding the Chief Justice of India) from 33 to 37, bringing the total sanctioned strength, including the Chief Justice, to 38.
This crucial step, taken under Article 123 of the Constitution which empowers the President to issue ordinances when Parliament is not in session, directly amends Section 2 of the Supreme Court (Number of Judges) Act, 1956. The primary objective behind this increase is to effectively address the alarming and ever-growing backlog of cases in the Supreme Court, which has reportedly reached a record high of 93,143 cases as of March 31, 2026. The government anticipates that the augmented judicial strength will enhance the efficiency of case disposal, reduce delays in hearings, and ultimately strengthen the overall functioning of the judiciary, thereby ensuring speedier justice delivery for citizens.
The Union Cabinet, chaired by Prime Minister Narendra Modi, had previously approved the proposal for this increase on May 5, 2026, demonstrating a concerted effort by the government to tackle judicial pendency. The decision follows a formal request made earlier this year by the Chief Justice of India, Surya Kant, who highlighted the need for additional judges to manage the increasing workload and facilitate the regular constitution of larger constitution benches.
Historically, the sanctioned strength of the Supreme Court has been revised multiple times since its inception in 1950, when it began with a Chief Justice and seven other judges. The last such revision occurred in 2019, when Parliament, through the Supreme Court (Number of Judges) Amendment Act, 2019, increased the strength from 30 to 33 judges (excluding the Chief Justice of India). Before that, the strength was increased from 25 to 30 in 2008-2009, and earlier from 17 to 25 in 1986. These periodic adjustments underscore a continuous effort to align judicial capacity with the evolving demands of the justice system.
While the increase in sanctioned strength is a significant measure, the actual impact on reducing pendency will also depend on the timely appointment of judges to these newly created posts through the collegium process. As of the current reports, the Supreme Court has a working strength of 32 judges, including the CJI, and faces upcoming retirements, necessitating swift appointments to fully utilize the enhanced strength. Legal experts have largely welcomed the move as a necessary step towards improving judicial infrastructure and enhancing citizens' access to timely justice, particularly in the context of persistent case backlogs across Indian courts.
This development is particularly relevant for an Indian audience, as it directly impacts the efficiency and accessibility of the highest court in the country, affecting the delivery of justice in a nation grappling with significant legal backlogs. The ordinance signifies the government's recognition of the urgent need for judicial reform and capacity building to ensure the foundational principle of speedy justice. The promulgation of the ordinance ensures immediate effect, with the Bill expected to be introduced in Parliament later to formalize the amendment.
Frequently Asked Questions
What is the new sanctioned strength of judges in the Supreme Court of India?
With the promulgation of the Supreme Court (Number of Judges) Amendment Ordinance, 2026, the sanctioned strength of Supreme Court judges has increased from 33 to 37 (excluding the Chief Justice of India), making the total strength 38 judges, including the Chief Justice.
Why has the Supreme Court judge strength been increased?
The increase in judge strength is primarily aimed at addressing the severe and rising pendency of cases in the Supreme Court, which stood at over 93,000 cases as of March 31, 2026. The move is expected to improve the efficiency of case disposal and ensure speedier justice delivery.
When was the ordinance promulgated and by whom?
The Supreme Court (Number of Judges) Amendment Ordinance, 2026, was promulgated by President Droupadi Murmu. It was notified in the Gazette of India on May 16, 2026, and widely reported on May 17, 2026.
What was the previous sanctioned strength, and when was it last revised?
Before this ordinance, the sanctioned strength of the Supreme Court was 33 judges (excluding the Chief Justice of India) or 34 (including the CJI). The last revision occurred in 2019, when the strength was increased from 30 to 33 judges (excluding the CJI).
Under what constitutional provision was this ordinance issued?
The ordinance was issued under Article 123 of the Constitution of India, which grants the President the power to promulgate ordinances when Parliament is not in session and circumstances necessitate immediate action.
