Supreme Court (Number of Judges) Amendment Bill, 2026 Proposes Increasing Supreme Court Judges from 33 to 37
The Supreme Court (Number of Judges) Amendment Bill, 2026 was introduced in the Lok Sabha on 20 July 2026 as Bill No. 128 of 2026. The Bill seeks to further amend the Supreme Court (Number of Judges) Act, 1956 by increasing the sanctioned strength of Judges of the Supreme Court, excluding the Chief Justice of India.
Clause 1 provides the short title and commencement. The proposed legislation is to be called the Supreme Court (Number of Judges) Amendment Act, 2026 and is deemed to have come into force on 16 May 2026.
Clause 2 proposes an amendment to section 2 of the Supreme Court (Number of Judges) Act, 1956 by substituting the word “thirty-three” with “thirty-seven”, thereby increasing the maximum number of Supreme Court Judges, excluding the Chief Justice of India, from 33 to 37.
Clause 3 provides for the repeal of the Supreme Court (Number of Judges) Amendment Ordinance, 2026. It also contains a savings provision stating that anything done or any action taken under the principal Act as amended by the Ordinance shall be deemed to have been done or taken under the corresponding provisions of the Act as amended by the proposed legislation.
According to the Statement of Objects and Reasons, litigation before the Supreme Court has continued to increase because of a persistent gap between the institution and final disposal of cases. As on 1 January 2026, 92,101 cases were pending before the Supreme Court. During 2025, the Court recorded 75,410 fresh matters while disposing of 65,615 cases, despite functioning at a near-full sanctioned strength of 34 Judges since 2019. The Statement notes that this continuing gap has posed challenges in managing the docket, particularly in relation to older pending matters and cases requiring adjudication by larger Benches.
The Statement further states that increasing the judge strength is considered one of the most viable solutions for addressing the backlog of pending cases. It also states that the increase would enable the Chief Justice of India to constitute Constitutional Benches for required periods on a regular basis to hear matters involving substantial questions of law.
The Bill seeks to replace the Supreme Court (Number of Judges) Amendment Ordinance, 2026 (Ordinance No. 1 of 2026) by incorporating the increase in the number of Judges from 33 to 37, excluding the Chief Justice of India.
The Financial Memorandum estimates that creation of four additional judicial posts will result in recurring expenditure of approximately ₹10,56,81,648 per annum towards salaries, staff, conveyance and miscellaneous expenses. The estimated non-recurring expenditure for cars, furnishing official residences and other miscellaneous expenses is approximately ₹3,47,36,000. Accordingly, the total estimated expenditure on creation of the four additional posts is approximately ₹14,04,17,648. The Memorandum also states that other recurring and non-recurring expenditure, as applicable under existing statutory provisions, will be incurred, and that the Bill is not expected to involve any other recurring or non-recurring expenditure.
AS INTRODUCED IN LOK SABHA
Date of Introduction: 20th July 2026
Bill No. 128 of 2026
THE SUPREME COURT (NUMBER OF JUDGES)
AMENDMENT BILL, 2026
A
BILL
further to amend the Supreme Court (Number of Judges) Act,1956.
BE it enacted by Parliament in the Seventy-seventh Year of the Republic of India as follows: —
1. Short title and commencement.
(1) This Act may be called the Supreme Court (Number of Judges) Amendment Act, 2026.
(2) It shall be deemed to have come into force on the 16th day of May, 2026.
2. Amendment of section 2
In section 2 of the Supreme Court (Number of Judges) Act, 1956, for the word “thirty-three”, the word “thirty-seven” shall be substituted.
3. Repeal and savings.
(1) The Supreme Court (Number of Judges) Amendment Ordinance, 2026 is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the Supreme Court (Number of Judges) Act, 1956 as amended by the said Ordinance, shall be deemed to have been done or taken under the corresponding provisions of 5 the said Act as amended by this Act.
STATEMENT OF OBJECTS AND REASONS
The volume of litigation of cases in the Supreme Court of India has constantly been on the rise due to persistent gap between institution and final disposal of cases in the Court. As on the 1st day of January, 2026, there were 92,101 cases pending in the Supreme Court. Even while working at near-full sanctioned capacity of 34 Judges since 2019, the Supreme Court recorded institution of 75,410 fresh matters in 2025 against a disposal of 65,615 cases. There has been a persistent gap between institution and final disposal of cases which highlights the ongoing challenge of managing the docket, particularly in relation to older pending cases and those necessitating the attention and adjudication by larger Benches.
2. The increase in judge-strength of the Court is one of the most exigent and viable solutions for tackling the pending backlog of cases in the Supreme Court. It will also make it possible for the Chief Justice of India to constitute Constitutional Benches for required period of days on a regular basis to hear cases involving substantial question of law.
3. The Supreme Court (Number of Judges) Amendment Bill, 2026 which seeks to replace the Supreme Court (Number of Judges) Amendment Ordinance, 2026 (Ord. 1 of 2026) to increase the number of Judges in the Supreme Court from present thirty-three to thirty-seven, excluding the Chief Justice of India.
4. The Bill seeks to replace the aforesaid Ordinance.
ARJUN RAM MEGHWAL.
NEW DELHI;
The 15th July, 2026.
FINANCIAL MEMORANDUM
Clause 2 of the Bill seeks to increase the present strength of the Judges of the Supreme Court from thirty-three to thirty-seven (excluding the Chief Justice of India). This will increase the expenditure on account of pay and allowances on creation of four additional posts of Judges in the Supreme Court along with required staff. The Judges will also be entitled to the use of rent-free official residence. Each Judge will have to be provided with personal staff at residence and office. Expenditure would also be incurred in connection with the deployment of security for Judges.
2. The estimated recurring expenditure on salaries of four Judges and their staff, conveyance and other miscellaneous expenses would be rupees 10,56,81,648 per annum and non-recurring expenditure towards car and furnishing of official residence and other miscellaneous expenses will be approximately rupees 3,47,36,000. Thus, the total expenditure on creation of additional four posts of Judges in the Supreme Court of India will be of rupees 14,04,17,648 approximately. Other recurring and non-recurring expenditure, as applicable under the existing statutory provisions, to be incurred on creation of four additional posts of Judges in the Supreme Court of India, will be made.
3. The Bill, if enacted, is not likely to involve any other recurring and nonrecurring expenditure.
ANNEXURE
EXTRACT FROM THE SUPREME COURT (NUMBER OF JUDGES) ACT, 1956
(55 OF 1956)
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2. Maximum number of Supreme Court Judges other than Chief Justice.
The maximum number of Judges of the Supreme Court, excluding the Chief Maximum
Justice of India, shall be thirty-three.
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A
BILL
further to amend the Supreme Court (Number of Judges) Act 1956.
(Shri Arjun Ram Meghwal, Minister of State (I/C) for Law & Justice and Minister of State of Parliamentary Affairs)
