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The Supreme Court (Number of Judges) Amendment Bill, 2026

Ministry of Law and Justice

Published 25 August 2026

In short

The Supreme Court (Number of Judges) Amendment Bill 2026 raises the number of puisne judges from 33 to 37, increasing the Court's total sanctioned strength from 34 to 38 including the Chief Justice. It passed both Houses in August 2026 and operates retrospectively from 16 May 2026.

Key facts

Bill number
Bill No. 128 of 2026
Introduced in
Lok Sabha
Ministry
Ministry of Law and Justice
Introduced on
20 July 2026
Lok Sabha
3 August 2026
Rajya Sabha
5 August 2026
Status
Passed by both Houses in early August 2026 and assented to shortly after; it replaces an ordinance of 16 May 2026 and operates retrospectively from that date, so the increased sanctioned strength is already in effect.

Where this bill stands

Introduced
Lok Sabha
Rajya Sabha
Assent
In force

This is a short Bill with a large practical effect. It amends the Supreme Court (Number of Judges) Act, 1956 to raise the number of puisne judges of the Supreme Court from thirty three to thirty seven. Counting the Chief Justice of India, the sanctioned strength of the Court goes from thirty four to thirty eight, the first increase since 2019.

The reason is backlog. The Supreme Court carries a pending docket in the tens of thousands, and because it sits in benches of two or three, adding four judges allows roughly two additional benches to sit on any given day. Supporters argue that is the cheapest available lever for clearing arrears and for constituting the larger constitution benches that important cases require. Critics point out that raising sanctioned strength does nothing on its own, because the Court has often functioned below its existing sanctioned number while collegium recommendations sat with the government.

Procedurally the Bill is notable because Parliament was not in session when the change was first made. The government promulgated an ordinance on 16 May 2026 and the Bill was introduced when the Monsoon Session opened, passing the Lok Sabha on 3 August and the Rajya Sabha on 5 August 2026. Because it replaces that ordinance, the law operates retrospectively from 16 May 2026.

Frequently asked questions

How many judges are being added to the Supreme Court?

Four puisne judges are being added. The number of puisne judges increases from 33 to 37, and the total sanctioned strength including the Chief Justice rises from 34 to 38.

When did the Supreme Court Judges Amendment Bill 2026 come into effect?

The Bill came into effect retrospectively from 16 May 2026, when an ordinance was first promulgated. It was formally passed by Lok Sabha on 3 August and Rajya Sabha on 5 August 2026.

What is the reason for increasing Supreme Court judges?

The increase aims to address the large pending docket in the tens of thousands. Adding four judges allows roughly two additional benches to sit daily, helping clear arrears and constitute larger constitution benches for important cases.

When was the last time the Supreme Court judge strength was increased?

The last increase in sanctioned strength of the Supreme Court was in 2019, before this 2026 amendment.

Which ministry brought the Supreme Court Judges Amendment Bill?

The Ministry of Law and Justice brought the Supreme Court (Number of Judges) Amendment Bill 2026, amending the Supreme Court (Number of Judges) Act, 1956.

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