President Murmu Promulgates Ordinance Expanding Supreme Court Bench to Tackle Surging Pendency

The President of India has invoked emergency legislative powers to enlarge the apex court's judicial capacity, a move aimed squarely at unclogging India's highest judicial forum where the docket now exceeds 93,000 pending matters.

Immediate Legislative Action Amid Parliamentary Recess

On 16 May 2026 the Gazette of India carried the Supreme Court (Number of Judges) Amendment Ordinance, 2026. The text records that Parliament was not in session and the President was "satisfied that the circumstances exist which render it necessary for her to take immediate action." Exercising authority under Article 123 of the Constitution , President Droupadi Murmu promulgated the ordinance that amends Section 2 of the Supreme Court (Number of Judges) Act, 1956 by substituting the existing ceiling of thirty-three judges with thirty-seven.

The change lifts the sanctioned strength of the Supreme Court, including the Chief Justice of India, from 34 to 38. The ordinance came into force at once.

From Eight Judges in 1950 to a Modern Docket Crisis

When the Supreme Court opened its doors in 1950, it comprised the Chief Justice and seven other judges. Successive amendments gradually raised the number: to 11 in 1956, 14 in 1960, 18 in 1977, 26 in 1986, 31 in 2009 and finally 34 (including the CJI) in 2019.

The latest expansion arrives after the Union Cabinet approved the proposal on 5 May 2026. Present working strength stands at 32, leaving two vacancies plus three forthcoming retirements of Justices J.K. Maheshwari, Pankaj Mithal and Sanjay Karol in the summer of 2026. Government sources say the additional four posts will permit more Benches and accelerate disposal rates.

Why the Ordinance Route?

Because Parliament was not in session, the executive chose the ordinance route rather than waiting to introduce a formal Bill. The ordinance will be laid before both Houses when Parliament reconvenes and will lapse unless ratified within six weeks of reassembly. The President retains the power to withdraw it at any time.

The stated objective is straightforward: to relieve the continuing crisis of pendency that has worsened since pandemic-era backlogs accumulated. As of 31 March 2026 the Supreme Court carried 93,143 cases.

Core Legal Text and Its Immediate Effect

The amendment is brief and precise. Section 2 of the 1956 Act now reads:

"In section 2 of the Supreme Court (Number of Judges) Act, 1956, for the word 'thirty-three', the word 'thirty-seven' shall be substituted."

This single substitution produces four new sanctioned posts. Appointments will continue through the existing collegium process under CJI Surya Kant.

Practical Consequences for Litigants and the Bar

The move is expected to allow the constitution of additional constitutional benches and faster listing of long-pending civil, criminal and special-leave matters. With summer recess looming, the extra judicial manpower cannot arrive too soon. The ordinance does not alter the collegium's role in recommending names, nor does it change procedural rules governing case allocation.

Legal observers note that similar expansions in the past have yielded visible improvements in disposal statistics within twelve to eighteen months, provided vacancies are filled promptly.

Looking Ahead

Once Parliament meets, lawmakers will decide whether the ordinance becomes permanent law. In the interim, the Supreme Court Collegium is expected to recommend names for the newly created posts as well as the existing vacancies. The ordinance therefore marks both an immediate administrative relief valve and a renewed opportunity for structural reform of India's top court.