Supreme Court Judge Strength Raised to 38 as President Promulgates Ordinance

May 17, 2026 : President Droupadi Murmu has promulgated the Supreme Court (Number of Judges) Amendment Ordinance, 2026, increasing the sanctioned strength of the Supreme Court of India from 34 to 38 judges, including the Chief Justice of India (CJI). The Ordinance was notified in the Gazette of India on May 16.

The amendment revises Section 2 of the Supreme Court (Number of Judges) Act, 1956, replacing the existing strength of 33 judges excluding the CJI with 37 judges. With this change, the Apex Court will now comprise the Chief Justice of India and 37 other judges.

The Ordinance has been issued under Article 123 of the Constitution, which empowers the President to promulgate ordinances when Parliament is not in session and immediate legislative action is required.

The decision comes amid rising pendency of cases before the Supreme Court, which has crossed 93,000 cases. The increase in judicial strength is expected to create four additional posts and help in faster disposal of constitutional, civil and criminal matters by enabling the formation of more Benches.

Appointments to the newly created vacancies will continue through the collegium system as per the constitutional procedure governing judicial appointments.

Earlier this month, on May 5, the Union Cabinet had approved the proposal to increase the strength of the Supreme Court from 34 to 38 judges, including the CJI. Since Parliament was not in session, the Centre implemented the proposal through the ordinance route pending passage of an amendment law.

At present, the working strength of the Supreme Court remains below its sanctioned capacity, while several judges are scheduled to retire later this year.

Under Article 124(1) of the Constitution, the Supreme Court consists of the Chief Justice of India and such number of judges as Parliament may by law prescribe.

When established in 1950, the Supreme Court had a sanctioned strength of eight judges, including the CJI. The number was later increased to 11 in 1956, 14 in 1960, 18 in 1977, 26 in 1986, 31 in 2009 and 34 in 2019.