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SC Strength Increased to 38 Judges: Will It Reduce Pendency and Free Up Constitution Benches?

PolityHIGH
Target:UPSC GS-IIMPSCSSC GATeachingPrelims HighMains HighStatic GK Link
08 Aug 2026
~2 min
Source: Indian Express
Key Data:Sanctioned strength 38Previous strength 34 (2019)Original strength 8 (1950)Pending cases 92,101 (Jan 1, 2026)Fresh cases 75,410 (2025)Cases disposed 65,615 (2025)
Bodies:Supreme Court of IndiaLaw Commission of IndiaParliament
Practice MCQs from today's news ▸
What This Article Covers

1.The Supreme Court (Number of Judges) Amendment Bill, 2026 increases sanctioned strength from 34 to 38 (including CJI), replacing an earlier Ordinance from May 16.

2.Constitution Benches (minimum 5 judges) hear substantial questions of law under Article 145(3), but drawing judges for them strains regular 2-3 judge benches and adds to pendency.

3.As of August 6, working strength was 35 (3 vacancies); the 1984 Law Commission proposed a separate Constitutional Division, and its 2009 report warned that earlier strength increases did not automatically reduce pendency.

The Big Picture
Prelims · HighMains · High

Parliament has passed a bill increasing Supreme Court judge strength from 34 to 38, aimed at enabling regular Constitution Benches and reducing case backlog (92,101 cases pending as of Jan 1, 2026). However, past Law Commission reports question if more judges alone can solve pendency, and the real impact depends on filling vacancies and judicial management.

Exam Lens

Quick Exam Facts From News

New Sanctioned Strength38 judges (incl. CJI)
Previous Strength (2019)34 judges (incl. CJI)
Original Strength (1950)8 judges (CJI + 7)
Pending Cases (Jan 1, 2026)92,101
Fresh Cases (2025)75,410
Cases Disposed (2025)65,615
Working Strength (Aug 6, 2026)35 (3 vacancies)
Law Commission Reports95th (1984), 125th (1988), 229th (2009)
Constitutional ProvisionArticle 145(3) – minimum 5 judges for substantial constitutional questions

1-Minute Revision

  • ›New Sanctioned Strength: 38 judges (incl. CJI)
  • ›Previous Strength (2019): 34 judges (incl. CJI)
  • ›Target this Data: New SC sanctioned strength is 38 (was 34); pending cases as on Jan 1, 2026: 92,101; fresh cases in 2025: 75,410; disposed: 65,615
  • ›Target this Nodal Body: Supreme Court of India, Law Commission of India
  • ›Target this Legal Point: Article 145(3) – minimum 5 judges for substantial constitutional questions; Article 143 – Presidential Reference

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Practice exam-style questions, track your score, and strengthen your recall.

Q1Static LinkageEasy

Which constitutional provision mandates that a minimum of five judges of the Supreme Court shall decide cases involving a substantial question of law as to the interpretation of the Constitution?

Q2Statement-basedHard

Consider the following statements regarding the Supreme Court (Number of Judges) Amendment Bill, 2026:

1. The Bill increases the sanctioned strength of the Supreme Court from 34 to 38 judges, excluding the Chief Justice of India.

2. The increase in sanctioned strength was first brought into effect through an Ordinance dated May 16, 2026, which the Bill now replaces.

3. The Bill has been passed as a Money Bill.

Which of the statements given above is/are correct?

Q3Data-centricMedium

According to the Bill's Statement of Objects and Reasons, how many cases were pending at the Supreme Court as on January 1, 2026?

Q4Application/ImpactMedium

What is the primary structural challenge addressed by the Supreme Court (Number of Judges) Amendment Bill, 2026?

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