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President Droupadi Murmu approves law raising judges strength from 33 to 37
In a significant move to tackle the mounting case backlog, President Droupadi Murmu has given her assent to the (Number of Judges) Amendment Act, 2026, which increases the of judges in the apex court from 33 to 37, excluding the Chief Justice. The Act, published in the Gazette of India on , is deemed to have come into force from .
A Swift Legislative Journey
The amendment traces its origins to a letter written by Chief Justice of India (CJI) Surya Kant to Prime Minister Narendra Modi on . The CJI highlighted the growing inflow of cases and the strain on disposal rates when judges are assigned to . Within a week, the government promulgated an ordinance on , which was later replaced by the bill introduced in the Lok Sabha on by Union Law Minister Arjun Ram Meghwal. The Lower House passed it on , and the Rajya Sabha returned it on , after which it was certified as a under .
Why the Increase?
The CJI’s letter, as revealed during parliamentary discussions, underscored that the formation of —such as the nine-judge Bench hearing the Sabarimala reference—significantly reduces the number of judges available for routine hearings. This, in turn, affects the court’s daily . The amendment to Section 2 of the (Number of Judges) Act, 1956, substitutes the word “thirty-three” with “thirty-seven,” thereby raising the total to 38 including the CJI. The current working strength stands at 32, including the CJI.
Legal Mechanics and Impact
The Act also repeals the (Number of Judges) Amendment Ordinance, 2026, with a ensuring that any action taken under the ordinance remains valid under the new law. The increase in judges will not be automatic; appointments will follow the prescribed under , involving consultation with the CJI and other senior judges.
This legislative change marks the first expansion since , when the strength was raised from 30 to 33. Legal experts view this as a proactive step to address and ensure the timely disposal of cases, especially those involving constitutional questions.
Key Observations
While the Act itself is concise, the rationale behind it was articulated in the CJI’s letter and parliamentary debates. The Law Minister noted, “The proposal arose after the CJI wrote to the Prime Minister on 11th May seeking an increase in the of judges.” The CJI had pointed out that “the growing number of cases requires a larger number of judges to hear them to maintain a high daily .”
Looking Ahead
With the now secured, the ’s stands at 38, paving the way for future appointments. The practical effect will unfold as new judges are appointed through the established constitutional mechanism, potentially easing the burden on the court and expediting justice delivery.
