Supreme Court Sanctioned Strength Raised From 34 to 38 Judges
An ordinance promulgated on 17 May 2026 increased the sanctioned strength of the Supreme Court from 34 to 38 judges, citing pendency of about 93,966 cases. The Collegium has since recommended five names to fill the new posts.
On 17 May 2026, the President of India promulgated the Supreme Court (Number of Judges) Amendment Ordinance, raising the sanctioned strength of the Supreme Court from 34 to 38 judges, including the Chief Justice of India. The Union Cabinet had cleared the Supreme Court (Number of Judges) Amendment Bill, 2026 just days earlier, but Parliament was not in session, so the executive used the ordinance route under Article 123 of the Constitution to bring the change into effect immediately.
According to the government, adding four more judges will help the apex court deliver “speedy justice”. Data from the National Judicial Data Grid (NJDG) on the day of the ordinance showed about 93,966 cases pending before the Supreme Court. Soon after the ordinance, on 27 May 2026, the Supreme Court Collegium recommended the elevation of four High Court Chief Justices and senior advocate V. Mohana to fill the new posts.
The sanctioned strength of the Supreme Court has been raised by Parliament several times in the past — from 8 judges in 1950 to 11, 14, 18, 26, 31 and most recently 34 judges in 2019, all by amendment to the Supreme Court (Number of Judges) Act, 1956. Article 124(1) of the Constitution allows Parliament to fix the strength by law. Critics, however, have pointed out that pendency is driven less by the number of judges and more by procedural delays, the volume of special leave petitions filed under Article 136 and the apex court’s wide original and appellate jurisdiction.
For exam aspirants, the change is a fresh data point for questions on the structure of the higher judiciary, the ordinance-making power, the role of the Collegium system in judicial appointments, and judicial pendency as a governance issue.
Key Points to Remember
- Ordinance date: 17 May 2026; cleared as Bill by Union Cabinet earlier the same month
- New sanctioned strength: 38 judges (including CJI), up from 34
- Constitutional basis for the ordinance: Article 123
- Constitutional basis for fixing SC strength by Parliament: Article 124(1)
- Pendency at the SC on the date of ordinance: about 93,966 cases (NJDG)
- SC strength has historically risen: 8 (1950) → 11 → 14 → 18 → 26 → 31 → 34 (2019) → 38 (2026)
- Collegium recommendation on 27 May 2026: 4 HC Chief Justices + senior advocate V. Mohana
Exam Relevance
Relevant for UPSC Prelims and Mains (Polity — Supreme Court composition, ordinance-making power, Collegium), SSC and Banking general awareness (recent constitutional amendments and judicial reform), and State PCS judiciary papers.
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