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Supreme Court Gets More Judges-Strength Raised to 38

Overview

The Supreme Court of India will now have more judges. The government has increased the number of judges from 34 to 38. This includes the Chief Justice of India. The change was made through an ordinance on 16 May 2026. The President promulgated it. The move aims to reduce the huge pile of pending cases.


What Has Changed?

Earlier, the Supreme Court had:

  • 1 Chief Justice of India

  • 33 other judges  (puisne judges)

  • Total strength: 34

Now, after the ordinance:

  • 1 Chief Justice of India

  • 37 other judges

  • Total strength: 38

So, four new judge positions have been added.


How Was This Done?

The government used an  ordinance . An ordinance is a law that the President can make when Parliament is not in session. This power comes from  Article 123  of the Constitution.

  • President Droupadi Murmu  promulgated the ordinance on  16 May 2026 .

  • The ordinance was published in the  Gazette of India  on the same day.

  • It is called the  Supreme Court (Number of Judges) Amendment Ordinance, 2026 .

The ordinance changes  Section 2  of the  Supreme Court (Number of Judges) Act, 1956 . The old number “thirty-three” has been replaced with “thirty-seven”.


Why Was This Needed?

The Supreme Court has a very large number of pending cases. As of now, over  93,000 cases  are waiting for hearing. More judges can hear more cases. This will help reduce the delay in justice.

The Union Cabinet approved this proposal on  5 May 2026 . The Cabinet is chaired by Prime Minister Narendra Modi.


What Happens Next?

An ordinance is a temporary law. It must be replaced by a regular Act of Parliament. Parliament must pass a Bill within  six weeks  of its next session. Both Houses (Lok Sabha and Rajya Sabha) need to approve it. Then it becomes a permanent law.


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Fact Detail
Old strength (including CJI) 34
New strength (including CJI)