Cabinet nod to raise SC strength to 37 plus CJI

New Delhi: The Union Cabinet on Tuesday cleared a proposal to raise the strength of judges in the Supreme Court to 37 from 33, excluding the Chief Justice of India.

The Supreme Court had sought a larger expansion, proposing to raise the strength to 43 judges (excluding the CJI) - an increase of 10 from the current 33, sources told ET.

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The hike will be effected through the Supreme Court (Number of Judges) Amendment Bill, 2026, which the government plans to introduce in Parliament. The Bill provides for the addition of four judges to the existing strength.

"The increase in the number of judges will enable the Supreme Court to function more efficiently and ensure speedy justice," the Law Ministry said, citing rising pendency.

Over 92,000 cases are currently pending before the apex court, underscoring pressure on judicial capacity.

The move comes amid a growing backlog and strain on existing benches. The expansion is aimed at improving disposal rates and reducing delays in key matters.

The additional expenditure on salaries, staff and infrastructure will be met from the Consolidated Fund of India.

The Law Ministry also cited the constitutional basis for the move. Article 124(1) provides for a Supreme Court comprising the CJI and such number of judges as Parliament may prescribe.

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The court's strength has been revised multiple times since the Supreme Court (Number of Judges) Act, 1956, which initially capped it at 10 (excluding the CJI). It was raised to 13 in 1960, 17 in 1977, 25 in 1986, 30 in 2008, and 33 in 2019.

The latest proposal - the first increase in seven years - aims to bolster the court's capacity to handle a rising and increasingly complex caseload.