President Droupadi Murmu Assents to Law Increasing Supreme Court Judge Strength to 38

President Droupadi Murmu has given her assent to the Supreme Court (Number of Judges) Amendment Act, 2026, formally increasing the sanctioned strength of judges in India’s highest court from 34 to 38, including the Chief Justice of India.

The legislation raises the number of judges other than the Chief Justice from 33 to 37. The move is aimed at strengthening the institutional capacity of the Supreme Court and enabling it to deal more effectively with its growing workload and the large number of cases pending before it. The President’s assent completes the legislative process for the expansion and gives permanent statutory backing to a measure that had earlier been introduced through an ordinance.

President of India, Droupadi Murmu (via PTI) | OpIndia

Parliament Clears the Expansion

The Supreme Court (Number of Judges) Amendment Bill, 2026 was introduced in the Lok Sabha on July 20. According to PRS Legislative Research, the Bill sought to replace the Supreme Court (Number of Judges) Amendment Ordinance, 2026, promulgated earlier in May. It amends the Supreme Court (Number of Judges) Act, 1956.

The Bill proposed increasing the number of Supreme Court judges, excluding the CJI, from 33 to 37. Once the Chief Justice is included, the total sanctioned strength rises to 38. The measure was subsequently passed by Parliament before being sent to President Murmu for her assent. With the President approving the legislation, the increase has now been incorporated into law.

From Ordinance to Permanent Law

The expansion was first brought into effect through an ordinance promulgated by President Murmu on May 16, 2026. The ordinance amended the 1956 Act by replacing the existing figure of 33 judges, excluding the CJI, with 37.

An ordinance can operate while Parliament is not in session, but it must ultimately be replaced by legislation if the change is to continue as a permanent statutory provision. The subsequent Bill therefore provided the legislative route for making the increase permanent. The transition from the ordinance to an Act of Parliament ensures that the enhanced judicial strength now has a continuing legal foundation.

Addressing the Supreme Court’s Growing Workload

The expansion comes against the backdrop of a substantial caseload before the Supreme Court. Data compiled by the Supreme Court Observer showed that the court continued to carry a large number of pending matters during 2026, even as it recorded significant disposals. Its mid-year review highlighted the continuing challenge of pendency before the apex court.

A larger sanctioned strength can give the Supreme Court greater flexibility in constituting benches and distributing its workload. It can also provide additional judicial capacity for dealing with constitutional questions, appeals and other important matters that come before the country's highest court.

The Union government had earlier highlighted this objective when approving the proposal. The Press Information Bureau stated that increasing the number of judges was expected to allow the Supreme Court to function more efficiently and effectively and contribute to speedy justice.

Why Four More Judges Matter

An increase of four judges may appear modest in absolute numbers, but it represents an important addition to the Supreme Court's sanctioned strength. The apex court deals with matters involving constitutional interpretation, civil and criminal appeals, disputes involving governments and several other categories of litigation.

With more judges available, the court can potentially constitute additional benches and distribute cases more efficiently. This can be particularly useful when the court is required to hear matters simultaneously across different benches.

The expansion is therefore not merely an administrative adjustment. It is part of a broader effort to ensure that the country's highest court has adequate institutional capacity to respond to the demands placed upon it.

A Gradual Expansion of the Supreme Court

The latest increase also reflects the gradual expansion of the Supreme Court's sanctioned strength over the decades.

In 2019, Parliament increased the number of Supreme Court judges excluding the Chief Justice from 30 to 33. That legislation amended the Supreme Court (Number of Judges) Act, 1956. The 2026 legislation now takes the number from 33 to 37, bringing the total sanctioned strength, including the CJI, to 38. The latest expansion therefore represents another step in adapting the institutional structure of the apex court to the changing volume and complexity of litigation.

Strengthening the Justice Delivery System

The expansion of the Supreme Court should also be viewed within the wider effort to strengthen India's judicial infrastructure. Increasing the sanctioned strength of judges is one part of improving judicial efficiency; appointments, court infrastructure, supporting personnel and effective case management are equally important.

The government's decision to increase the sanctioned strength provides the institutional framework for additional appointments. Once the newly sanctioned positions are filled, the Supreme Court will have a larger judicial strength with which to manage its responsibilities. The measure also demonstrates the importance of periodically reviewing the capacity of constitutional institutions as the country's population, economy and volume of litigation continue to grow.

The Road Ahead

With the law now receiving presidential assent, attention will turn towards filling the newly sanctioned positions. The increase in sanctioned strength does not by itself mean that four judges automatically begin functioning. Appointments must take place through the constitutional process applicable to Supreme Court judges.

The real impact of the legislation will therefore become clearer as the additional positions are filled and the expanded bench strength begins contributing to the court's functioning. If implemented effectively, the increase can provide greater room for the Supreme Court to manage its caseload, constitute benches and improve the pace at which cases are heard and disposed of.

A Step Towards Greater Judicial Capacity

President Murmu’s assent to the Supreme Court (Number of Judges) Amendment Act, 2026 marks an important development in India's judicial architecture. The Supreme Court can now have 38 judges in total, including the Chief Justice of India, compared with the earlier sanctioned strength of 34.

At a time when the apex court continues to handle a substantial workload, strengthening its judicial capacity is a practical step towards improving the functioning of the institution. The measure does not by itself resolve every issue associated with judicial pendency, but it provides the Supreme Court with additional capacity to address its expanding responsibilities.

The MGMM Outlook 

President Droupadi Murmu’s assent to the Supreme Court (Number of Judges) Amendment Act, 2026 marks a significant step towards strengthening India’s apex judicial institution. By increasing the sanctioned strength from 34 to 38 judges, including the Chief Justice of India, the legislation provides the Supreme Court with greater institutional capacity to manage its growing workload. The expansion is particularly important at a time when the court is dealing with a substantial volume of constitutional matters, appeals and other cases. The move also gives permanent legal backing to a reform that was initially introduced through an ordinance, demonstrating the government’s focus on strengthening the functioning of the justice delivery system through institutional measures.

The addition of four judicial positions may appear modest, but it can provide greater flexibility in constituting benches and distributing cases more efficiently once the posts are filled. At the same time, judicial capacity depends not only on the sanctioned strength but also on timely appointments, infrastructure and effective case management. The latest reform should therefore be seen as an important step within the broader effort to make the justice system more efficient and responsive. As the additional positions are filled, the expanded strength of the Supreme Court can help it better manage its responsibilities and address the challenges posed by an increasingly demanding judicial workload.

(Sources: OpIndia, Press Information Bureau)