NEW DELHI: President Droupadi Murmu has officially issued a gazette notification promulgating The Supreme Court (Number of Judges) Amendment Ordinance, 2026. The executive order clears a substantial expansion of the apex court’s bench to tackle mounting case pendencies and accelerate judicial delivery.
With this amendment, the total sanctioned strength of the Supreme Court will increase from 34 to 38 judges, including the Chief Justice of India (CJI).
Key Legislative Details
The official notification outlines the structural adjustments made to the top tier of India’s judiciary:
-
The Statutory Target: The baseline number of judges has been raised from 33 to 37 (excluding the Chief Justice of India).
-
Constitutional Basis: The Ordinance was issued by the President in exercise of the powers conferred under Clause (1) of Article 123 of the Constitution, which allows executive intervention via ordinances when Parliament is not in session.
-
Act Amended: The executive decree formally alters Section 2 of The Supreme Court (Number of Judges) Act, 1956.
Background and Implementation
The final gazette notification follows an earlier policy recommendation approved by the Union Cabinet, chaired by Prime Minister Narendra Modi, on May 5, 2026. Union Law and Justice Minister Arjun Ram Meghwal publicly shared the update on X (formerly Twitter), highlighting it as a critical move toward improving judicial infrastructure.
The expansion comes at a crucial time as the apex court manages a heavy backlog of nearly 95,000 cases. Senior members of the legal community, including representatives from the Supreme Court Bar Association (SCBA), have widely welcomed the move while emphasizing the need to complement the increased numbers with structural reforms and automated case management systems.
