President Murmu clears ordinance to raise Supreme Court strength to 38 judges

President Droupadi Murmu has approved the Union Cabinet’s decision to increase the strength of the Supreme Court from 34 to 38 judges, with the Centre issuing an ordinance to amend the existing law governing the apex court’s sanctioned strength.

Announcing the development on Sunday, Union Law Minister Arjun Ram Meghwal said the President had promulgated The Supreme Court (Number of Judges) Amendment Ordinance, 2026, amending the Supreme Court (Number of Judges) Act, 1956.

“The President is pleased to increase the Judge strength of the Supreme Court from 33 to 37 Judges (excluding the Chief Justice of India),” Meghwal said in a post on X.

The move follows the Union Cabinet’s approval earlier this month of a proposal to amend the 1956 Act and raise the number of Supreme Court judges by four. With the Chief Justice of India included, the total sanctioned strength will now rise to 38.

The decision has drawn support from several members of the legal fraternity, many of whom said the increase was necessary to address mounting pendency and the growing volume of litigation before the apex court.

President of the Supreme Court Bar Association and senior advocate Vikas Singh said the demand for increasing the number of judges had existed for a long time due to the steady rise in case filings.

He noted that although the disposal rate of Supreme Court judges had been “commendable”, the rising caseload required additional judges. Singh also stressed the need for adequate infrastructure, expressing hope that a section of the new Supreme Court building would become operational by the end of the year.

According to him, the apex court could “comfortably accommodate 38 judges” and may eventually require nearly 50 judges once the full new building becomes functional.

Senior advocate Sacchin Puri described the decision as a “positive and much-needed step”, saying it would help speed up the disposal of pending cases and benefit litigants as well as lawyers.

Supreme Court advocate Sumit Gehlot, however, cautioned that increasing the number of judges alone would not completely resolve the issue of pendency. Referring to the nearly 95,000 pending matters before the apex court, he said structural reforms and improved case management systems were equally important.

Eminent lawyer Hemant Shah echoed similar concerns, noting that several judges are scheduled to retire in 2026, which could again affect pendency levels. He also called on the government to reduce avoidable litigation.

Advocate Juhi Arora Gupta termed the increase a crucial step towards improving judicial efficiency and ensuring quicker justice delivery, saying the growing complexity and volume of cases had stretched the present judicial strength.

Former Union Law Secretary P K Malhotra said broader judicial reforms were still needed. He suggested the establishment of regional Courts of Appeal so that the Supreme Court could focus primarily on constitutional matters.

While the Centre’s decision has largely been welcomed by legal experts, many believe that increasing the number of judges must be accompanied by wider reforms to effectively tackle delays in the justice delivery system.