The Supreme Court (Number of Judges) Act, 1956 is a law that determines the maximum number of judges in the Supreme Court of India, excluding the Chief Justice of India.
Article 124(1) of the Constitution originally provided that the Supreme Court would consist of the Chief Justice of India and not more than seven other judges, until Parliament prescribed a larger number by law. This Act was enacted to increase that number through ordinary legislation rather than constitutional amendment.
Purpose
The Act was created to allow Parliament to increase the strength of the Supreme Court according to the rising workload of the Court.
Its purpose is to address:
- rising pendency of cases
- increasing number of appeals and special leave petitions
- expansion of constitutional and public law litigation
- growing complexity of economic, social and governance disputes
- need for more benches to hear matters efficiently
Legal Position
The Act was enacted on 16 September 1956. Its long title states that it is meant to provide for an increase in the number of Supreme Court judges, excluding the Chief Justice.
The Act contains only a small number of provisions, but it has major institutional importance because it fixes the sanctioned judicial strength of the Supreme Court.
Changes in Judge Strength
The sanctioned strength of the Supreme Court has been increased several times through amendments to this Act.
Originally, the Constitution allowed:
- Chief Justice of India
- up to 7 other judges
Over time, the number of judges was increased because the Court’s workload expanded sharply.
The most important recent change before 2026 was in 2019, when the sanctioned strength was increased to 33 judges excluding the CJI, making the total strength 34 judges including the CJI.
Latest Update
In May 2026, the President promulgated the Supreme Court (Number of Judges) Amendment Ordinance, 2026.
This increased the sanctioned strength of Supreme Court judges from 33 to 37, excluding the Chief Justice of India. Including the CJI, the total sanctioned strength now becomes 38 judges.
This is the latest major development related to the Act. The objective is to reduce pendency and improve the Court’s capacity to handle its growing caseload.
Significance
The Act is significant because it directly affects the institutional capacity of the Supreme Court.
A higher judge strength can help in:
- forming more benches
- reducing case backlog
- faster disposal of appeals
- better handling of constitutional matters
- reducing pressure on existing judges
- improving access to justice
- strengthening judicial efficiency
The increase is especially relevant because the Supreme Court deals not only with constitutional cases but also a very large number of civil, criminal, commercial, tax, service and special leave matters.
Link with Judicial Pendency
The Supreme Court faces a high and growing pendency burden. Increasing the number of judges is one method of addressing this problem.
However, judge strength alone cannot solve pendency. Delays are also caused by:
- large inflow of special leave petitions
- frequent adjournments
- procedural delays
- vacancies in courts
- inadequate court infrastructure
- complex litigation
- government being a major litigant
- limited use of case-management systems
Therefore, increasing judge strength must be accompanied by procedural reform and better case management.
Concerns
- Merely increasing the number of judges may not reduce pendency unless case inflow is controlled.
- The Supreme Court spends substantial time on routine appeals, reducing time for constitutional questions.
- More judges require better courtrooms, staff, research support and digital infrastructure.
- Appointment delays can keep sanctioned posts vacant.
- Expansion of judge strength must not compromise quality and diversity in appointments.
- Frequent reliance on ordinances for institutional reform may raise questions if Parliament is not able to debate the amendment fully and promptly.
Way Forward
The increase in judge strength should be supported by wider judicial reforms.
Important steps include:
- timely appointment of judges
- stronger case management
- filtering of routine special leave petitions
- more Constitution Benches for important constitutional issues
- better use of technology and e-courts
- improved research and administrative support for judges
- reducing government litigation
- strengthening High Courts so fewer matters reach the Supreme Court
Conclusion
The Supreme Court (Number of Judges) Act, 1956 gives Parliament the power to expand the judicial strength of the Supreme Court according to institutional need. The latest 2026 ordinance has raised the sanctioned strength to 37 judges excluding the CJI, or 38 judges including the CJI.
This expansion is important for improving the Court’s capacity, but pendency cannot be solved by numbers alone. It requires timely appointments, better case management, procedural reform and a clearer role for the Supreme Court as a constitutional court.
