Union Cabinet Expands Supreme Court Strength to 38 to Tackle Case Backlog

NEW DELHI – In a major move to address judicial pendency, the Union Cabinet on Tuesday approved a proposal to increase the sanctioned strength of the Supreme Court of India from 34 to 38 judges (including the Chief Justice of India).

The decision comes after a six-year hiatus, as the court struggles with a backlog of over 92,000 cases—a figure threatening to reach six figures as the judiciary heads into its summer recess this June.

Legislative Path and Mandate

Union Minister Ashwini Vaishnaw announced that the government will introduce the Supreme Court (Number of Judges) Amendment Bill, 2026 during the next session of Parliament.

• Current Strength: 33 Judges + 1 Chief Justice (Total: 34)
• Proposed Strength: 37 Judges + 1 Chief Justice (Total: 38)
• Constitutional Authority: Under Article 124(1), only Parliament has the power to increase the number of Supreme Court judges.

Addressing the Pendency Crisis

The judicial backlog has surged significantly in recent years, partly fueled by the rise of e-filing post-pandemic, which has increased the volume of fresh petitions.

“The Cabinet approval is a step towards tiding over the continuing crisis of pendency plaguing the court for years now,” officials noted.

Year	Sanctioned Strength (Including CJI)
1950	8
1986	26
2009	31
2019	34
2026 (Proposed)	38

Filling the Gaps

The expansion comes at a time when the top court is already facing a series of retirements. There are currently two vacancies following the departures of Justice B.R. Gavai (November 2025) and Justice Rajesh Bindal (April 2026).

The workload is set to increase further with three more retirements scheduled for later this year:

• June 2026: Justices J.K. Maheshwari and Pankaj Mithal
• August 2026: Justice Sanjay Karol

Once the new legislation is enacted, the Supreme Court Collegium, led by Chief Justice Surya Kant, will be tasked with recommending names to fill both the existing vacancies and the four newly created positions.