It was done quietly on a Saturday. President Droupadi Murmu signed an Ordinance. Just one such paper altered the actual composition and legal framework of the Supreme Court of India. The supreme court is expanding in size
Union Law Minister Arjun Ram Meghwal hopped on social media on Sunday morning to break the news. He said that the President had promulgated the Supreme Court (Number of Judges) Amendment Ordinance, 2026. Simple math: The number of judges in the Supreme Court is getting increased from 34 to 38. The Chief Justice of India is not included in that number. An examination of the actual wording of the 1956 Act reveals that the term “thirty-three” has been changed to “thirty-seven” for regular judges.
This isn’t just an administrative tweak. It’s a dramatic change for a court which, in law, affects the lives of more than a billion people every day.
Overcoming the Waiting Game!
You may be asking yourself, “Why did they do that now? There is no sitting of Parliament. Typically, a change in the size of the Supreme Court requires some kind of floor debate and legislation. It is a plan which was actually approved by the Union Cabinet led by Prime Minister Narendra Modi on 5th May. At first they intended to bring in a proper bill during the next parliamentary session
They didn’t wait.
For things that need to be done now, there’s a shortcut in the Constitution. The President can issue an ordinance when Parliament is not in session, as provided by article 123. It is equivalent to a normal legislated act. The government judged that the situation at the court was so dire that it was ready to pull that trigger at once. Of course, this is just temporary. The government has yet to place the ordinance before both Houses of Parliament when Parliament reconvenes. The ordinance expires if it is not approved by a resolution of the politicians within six weeks of their meeting. However, for the time being it is the actual legislation in effect.
Facing a big mountain of files
When you examine the raw data you’ll see why the timing is so perfect. The Supreme Court is literally overwhelmed with paperwork. Now, the registry has more than 93,000 pending cases. That’s a huge number
It’s getting close to reaching the six-figure mark. The court is about to go on vacation this June during the summer break, on partial days with vacation benches. The backlog only grows when the judges take a break! Appeals are filed daily. The pandemic undoubtedly made things more challenging a few years ago. The switch to e-filing rocketed the number of petitions being lodged with the Supreme Court from any lawyer in the country using their computer. The e-filing was an excellent way to get the documents in, but it was so overcrowded.
This court is the final court of appeal, so you have to keep in mind. If the high court rules, the loser will routinely go to the top of the pile. The most egregious single user clogging the system is the Government. Nearly everything is appealed to state and central departments.
The Empty Chairs in the Room
There are not 38 people in robes today, just because the legal limit is 38 today. In reality, it is a different story.
The sanctioned strength earlier this weekend was 34. The court, however, had only 32 judges, which were working judges. This left two empty seats already. The addition of four more seats creates six empty seats at the nation’s top court. Signing a paper does not automatically attract new judges.
There is a long, highly complicated process for hiring. Supreme Court collegium to meet. They must debate on whom to promote among the top court justices or senior attorneys. Then they report these names to the government. The government will hold onto these names for months at a time at times. Sometimes they send them back. So, although the ceiling has been lifted, the time needed to fill the room will be real time. Not to mention the fact that a whole lot of current judges will be retiring before the end of 2026. The hiring process is a vicious cycle with no end in sight.
The Debate Among the Lawyers
The legal community was reacting to the news right away. The majority of them are happy.
The apex court Bar Association led by the Hon’ble Mr. Vikas Singh strongly supported the expansion. He noted that attorneys have called for this for years. The situation is becoming too complicated. The amount is too great. He also noted that the physical infrastructure of the court will be able to accommodate it. An enormous new complex of buildings for the Supreme Court is finished partly. Singh believes with the full operation of the new wing by the end of the year, they could accommodate 38 judges, if not more, in the next 10 years.
However, not everyone believes that ‘more bodies’ will make the difference. However, a number of senior attorneys have cautioned that numbers would not clear a jam. Structural mess was highlighted by guys like Sumit Gehlot and Hemant Shah. They desire improved case management software. They would like firms rules to prevent frivolous appeals being filed. Even the former Union Law Secretary P.K. Malhotra raised an old suggestion. He recommended the establishment of regional Courts of Appeal throughout India. In such a way, the Supreme Court would be able to avoid the trivial disputes over a contract and only take on the truly serious constitutional issues.
A Long History of Growing
It is not the first time that the court has been given the extra space it needed. It’s only a new part of an extremely long story.
The Supreme Court began in 1950, and was very small then. It consisted of just eight judges, which included the Chief Justice. They believed this was enough for a new independent country. They were wrong. They were to increase the number to 11 within six years. By 1977, it was 18. They got it to 26 in the mid-1980s. Then 31 in 2009.
They last played numbers in 2019. At the time, the Parliament went from 31 to 34. After seven years 34 was not enough, either. The population grew. The economy exploded. There was a significant increase in businesses suing other businesses. The nation changed, and so must the court.
The target is now set at 38. The government has acted and has made the changes in the law. Now it’s back to the collegium to identify and secure the appropriate individuals to occupy those new seats.
