Cabinet clears Bill to increase strength of SC judges to 38 from 34

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2 min readNew DelhiUpdated: May 5, 2026 08:04 PM IST

“What is relevant here is the choice of the pregnant woman rather than that of the child to be born,” the court had saidUnion Cabinet on Tuesday approved a Bill to increase the strength of the Supreme Court (File Photo)

AHEAD OF the Monsoon Session of Parliament, the Union Cabinet on Tuesday approved a Bill to increase the strength of judges in Supreme Court from the existing 34 to 38.

In a statement, the government said the Cabinet, chaired by Prime Minister Narendra Modi, approved the Supreme Court (Number of Judges) Amendment Bill, 2026, which seeks to amend the Supreme Court (Number of Judges) Act, 1956, to increase the strength of the court by four.

Currently, the Act provides for a maximum of 33 judges of the Supreme Court, excluding the Chief Justice of India. The amendment increases that to 37 judges, excluding the CJI.

“The increase in the number of Judges will allow the Supreme Court to function more efficiently and effectively, ensuring speedy justice. The expenditure on salary of Judges and supporting staff and other facilities will be met from the Consolidated Fund of India,” the government said.

The Supreme Court currently has a strength of 32 judges, with at least four judges expected to retire in 2026. While Justice Rajesh Bindal retired in April, Justices J K Maheshwari and Pankaj Mithal are set to retire in June, Justice Sanjay Karol will retire in August, and Justice Satish Sharma will retire in November this year. Effectively, the SC Collegium headed by Chief Justice of India Surya Kant will have to make at least 9 recommendations this year, if the Bill is cleared. He has a tenure till February 2027.

The last time the strength of the court was increased was in 2019, when an amendment raised it from 30 to 33, excluding the CJI. Originally, the Act had provided for a maximum of 10 judges, excluding the CJI, which was increased to 13 in 1960 and then 17 in 1977.

“The working strength of the Supreme Court of India was, however, restricted to 15 Judges by the Cabinet, excluding the Chief Justice of India, till the end of 1979, when the restriction was withdrawn at the request of the Chief Justice of India,” the government said.

The strength was further increased in 1986, 2008 and 2019.

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