In a significant move aimed at addressing the mounting workload at the apex court, President Droupadi Murmu on Sunday, May 17, 2026, promulgated an ordinance that raises the number of Supreme Court judges to 37, excluding the Chief Justice of India.
The gazette notification, issued on May 16, noted that Parliament was not in session and the President was satisfied that circumstances required immediate action. The ordinance, titled the Supreme Court (Number of Judges) Amendment Ordinance, 2026, was issued under the powers vested in the President by Article 123 of the Constitution. It will be tabled in both Houses of Parliament upon its next session and will lapse if not approved within six weeks of reassembly or if disapproved by resolutions in both Houses. The President retains the authority to withdraw it at any time.
This ordinance amends Section 2 of the Supreme Court (Number of Judges) Act, 1956, substituting the word “thirty-three” with “thirty-seven.” As a result, the total sanctioned strength of the Supreme Court, including the Chief Justice of India, will increase from 34 to 38. The development follows the Union Cabinet’s approval of the proposal nearly two weeks earlier.
The step is intended to help tackle the persistent backlog of cases that has long challenged the judiciary, a situation exacerbated after the pandemic with the rise in e-filing. The court currently faces over 93,000 pending cases, a figure that risks climbing into six digits as it heads into the summer recess with partial working days in June.
ALSO READ : Disputed Bhojshala Site Is Temple Of Goddess Saraswati : HC
This marks the first increase in judge strength after a six-year gap. Parliament had last amended the Act in 2019, raising the number of judges (excluding the CJI) from 31 to 33. Earlier amendments to the 1956 Act had progressively expanded the court’s capacity: from the original 10 judges (excluding CJI) to 13 in 1960, 17 later, 25 in 1986, 30 in 2009, and 33 in 2019.
At present, the Supreme Court has two vacancies following the retirements of Justice B.R. Gavai in November 2025 and Justice Rajesh Bindal in April 2026. Three more judges—Justices J.K. Maheshwari and Pankaj Mithal in June, and Justice Sanjay Karol in August—are set to retire this year.
The Constitution’s framers had originally provided under Article 124(1) for a Supreme Court comprising the Chief Justice of India and no more than seven other judges, with Parliament empowered to prescribe a larger number. The latest ordinance continues this legislative tradition of adjusting judicial strength to meet evolving demands.