The Rajya Sabha on Wednesday returned the Supreme Court (Number of Judges) Amendment Bill, 2026, paving the way for a significant expansion of the Supreme Court's sanctioned judicial strength. During the debate, Union Law Minister Arjun Ram Meghwal disclosed that the proposal was initiated after Surya Kant wrote to the Prime Minister on May 11, 2026, seeking an increase in the number of judges to address mounting pendency and facilitate the constitution of permanent Constitution Benches.
The Bill increases the sanctioned strength of the Supreme Court from 34 to 38 judges, including the Chief Justice of India. Having already been passed by the Lok Sabha on August 3, the legislation now awaits Presidential assent before becoming law.
Replying to the discussion in the Rajya Sabha, Law Minister Arjun Ram Meghwal said the increase in judicial strength is an important judicial reform rather than merely an administrative exercise.
According to the Minister, CJI Surya Kant informed the Prime Minister that while the Supreme Court has been maintaining a high rate of disposal of cases, the constitution of larger Constitution Benches inevitably reduces the number of judges available for regular hearings. He cited the recently constituted nine-judge Constitution Bench hearing the Sabarimala reference as an example of the practical challenges faced by the Court.
Following the CJI's request, the Central Government promulgated the Supreme Court (Number of Judges) Amendment Ordinance, 2026 on May 17, which the present Bill seeks to replace.
The Bill witnessed participation from around 33 Members of Parliament.
Senior Advocate and Rajya Sabha MP Vivek Tankha questioned the urgency behind promulgating the Ordinance shortly before the Supreme Court's partial summer vacation. He also expressed reservations about whether adding four judges alone would substantially reduce the pendency of nearly 95,000 cases before the apex court.
Senior Advocate and Rajya Sabha MP P. Wilson raised concerns regarding diversity in judicial appointments, arguing that representation in the higher judiciary requires broader constitutional reforms. He also advocated increasing the retirement age of judges of the Supreme Court and High Courts.
Manan Kumar Mishra emphasized that reducing delays in justice delivery also requires filling vacancies in the subordinate judiciary, noting that strengthening trial courts is equally important.
The Amendment Bill was introduced during the Monsoon Session on July 20, 2026, after the Union Cabinet approved the proposal on May 5, 2026.
The legislation amends Section 2 of the Supreme Court (Number of Judges) Act, 1956, replacing the existing sanctioned strength of 33 judges (excluding the Chief Justice of India) with 37 judges (excluding the CJI). Consequently, the total sanctioned strength of the Supreme Court will become 38 judges, including the Chief Justice of India.
The last increase in the Court's sanctioned strength took place in 2019, when Parliament raised it from 31 to 34 judges (including the CJI).
At present, the Supreme Court is functioning with 32 judges, including the Chief Justice of India, making the proposed expansion one of the largest increases in the Court's history.
Rajya Sabha has cleared the Supreme Court (Number of Judges) Amendment Bill, 2026, increasing the Supreme Court's sanctioned strength from 34 to 38 judges. Law Minister Arjun Ram Meghwal informed the House that the proposal originated from Chief Justice of India Surya Kant's letter to the Prime Minister seeking more judges to tackle rising pendency and enable permanent Constitution Benches.
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