New Delhi: The Union Cabinet Tuesday approved a proposal to increase the number of seats on the Supreme Court to 38 from the existing 33, including the Chief Justice of India (CJI).
The increase in the number of seats is aimed at allowing the top court to function “more efficiently and effectively ensuring speedy justice”, the government said in a press statement issued through PIB.
The next step will be introduction of The Supreme Court (Number of Judges) Amendment Bill, 2026 in Parliament to amend The Supreme Court (Number of Judges) Act, 1956.
The statement added that the expenditure on salary of judges and supporting staff and other facilities will be met from the Consolidated Fund of India.
The Act was last amended in 2019.
Article 124 (1) in Constitution of India states: “There shall be a Supreme Court of India consisting of a Chief Justice of India and, until Parliament by law prescribes a larger number, of not more than seven other Judges…”
Section 2 of The Supreme Court (Number of Judges) Act, 1956, provided for the maximum number of judges, excluding the CJI, to be 10 at the time of enactment.
The strength of the top court was increased to 13 by an amendment in 1960, and to 17 by a subsequent amendment in 1977. The working strength of the Supreme Court was, however, restricted to 15 judges by the Cabinet, excluding the CJI, till the end of 1979, when the restriction was withdrawn at the request of the Chief Justice of India.
The Supreme Court (Number of Judges) Amendment Act, 1986 further increased the number of seats on the top court, excluding the CJI, from 17 to 25.
Subsequently, in 2008, the central government brought in yet another amendment to increase the strength of the top court to 30 judges.
The strength of the apex court was then increased from 30 to 33, excluding the CJI, by further amending the Act vide The Supreme Court (Number of Judges) Amendment Act, 2019.
(Edited by Amrtansh Arora)
Also Read: In SC judge Nagarathna’s rulings on abortion, the woman’s choice before all else