Supreme Court Expansion for Faster Justice

Supreme Court Expansion Aims Faster Justice Delivery

Why in the News ?

The Union government has promulgated the Supreme Court (Number of Judges) Amendment Ordinance, 2026, increasing the sanctioned strength of the Supreme Court from 33 to 37 judges (excluding the Chief Justice of India) to address rising pendency and improve judicial efficiency.

Supreme Court Expansion for Faster Justice

Judicial Expansion and Ordinance Provisions

  • The Union government issued an Ordinance under Article 123 of the Constitution as Parliament was not in session.
  • The amendment increases the sanctioned strength of the Supreme Court from 33 to 37 judges, excluding the CJI.
  • The ordinance received assent from President Droupadi Murmu and was published in the Gazette of India.
  • The move follows a recommendation made by CJI Surya Kant to strengthen judicial capacity amid increasing case burden.
  • The expansion is expected to facilitate more frequent constitution of Constitution Benches and improve disposal of pending cases.

Pendency Crisis and Judicial Appointments

  • The Supreme Court is currently facing a pendency of more than 92,000 cases, raising concerns over delayed justice.
  • Larger benches dealing with important constitutional matters are often difficult to constitute due to shortage of judges.
  • The increased sanctioned strength will create scope for appointment of four additional judges immediately.
  • During the tenure of CJI Surya Kant, around 10 vacancies are expected to arise due to upcoming retirements.
  • Judges scheduled to retire this year include Justices Pankaj Mithal, JK Maheshwari, Sanjay Karol, and Satish Chandra Sharma.

About Supreme Court Structure and Constitutional Provisions:

●      Article 124(1) provides for a Chief Justice of India and empowers Parliament to determine the number of Supreme Court judges.

●      The Supreme Court was established on January 28, 1950 with one CJI and seven puisne judges.

●      The strength of the court was increased progressively:

○       13 judges in 1960

○       17 judges in 1977

○       25 judges in 1986

○       30 judges in 2008

○       33 judges in 2019

●      The Supreme Court (Number of Judges) Act, 1956 regulates the sanctioned judicial strength of the apex court.

●      Increasing judicial strength is considered essential for ensuring speedy justice, reducing backlog, and strengthening judicial administration.