Why Is the Supreme Court Judges Increase in the News?
The Union Cabinet has recently approved a proposal to increase the sanctioned strength of judges in the Supreme Court from 34 to 38 (37 judges + 1 Chief Justice of India). A Bill will be introduced in the upcoming Parliament session to amend the Supreme Court (Number of Judges) Act, 1956. This is a direct UPSC GS Paper 2 topic — Polity, Judiciary, and Governance. The UPSC Mentorship Program at Riyasat IAS Mentorship covers all such constitutional and institutional developments with full exam-relevant depth.
Supreme Court Judges — Key Facts for UPSC Prelims
| Point | Detail |
| Current Sanctioned Strength | 34 (1 CJI + 33 Judges) |
| Proposed Strength | 38 (1 CJI + 37 Judges) |
| New Posts Approved | 4 additional posts |
| Legal Basis | Supreme Court (Number of Judges) Act, 1956 |
| Constitutional Provision | Article 124(1) — Parliament can change judge numbers by law |
| Last Amendment | 2019 — increased from 31 to 34 |
| Original Strength (1956) | 8 judges |
| Current Pendency | 92,385 cases — feared to cross 1 lakh |
| Appointment Process | Collegium recommends → President appoints |
5 Critical Facts — Supreme Court Judges Increase UPSC 2026
1. Constitutional and Legal Basis — Article 124(1)
Article 124(1) of the Indian Constitution gives Parliament the power to change the number of Supreme Court judges by law — not the President, not the CJI, not the Law Ministry. The Supreme Court (Number of Judges) Act, 1956 is the specific law under which changes are made. This has been amended multiple times: 1960 (8→11), 1978 (11→18), 1986 (18→26), 2009 (26→31), 2019 (31→34), and now 34→38. The answer to the Prelims MCQ (“Who has power to increase SC judges?”) is Parliament — Option C. The Secure Prelims Program 2026 covers all such direct Polity MCQ traps.
2. Why Is This Needed? — The Pendency Crisis
The Supreme Court currently has 92,385 pending cases — feared to cross 1 lakh soon. Three factors are driving this surge: (1) E-filing has made filing cases easier, increasing volume significantly; (2) upcoming judicial retirements in 2026 (Justice JK Maheshwari, Justice Pankaj Mithal) will reduce working strength; (3) Complex constitutional matters and PIL volumes have increased. Riyasat IAS Mentorship covers such Governance and Judiciary topics with both Prelims and Mains analytical depth.
3. The Collegium System — How New Judges Will Be Appointed
Once Parliament amends the Act, the Collegium — comprising the CJI and the senior-most judges — will recommend names for the 4 new posts to the Central Government. The President then makes the formal appointment. The Collegium system itself is a major UPSC topic: it evolved through three landmark cases — First Judges Case (1981), Second Judges Case (1993), Third Judges Case (1998). The UPSC Mentorship Program teaches all three with their constitutional implications.
4. Is Increasing Judges Enough? — The Structural Challenge
Experts consistently argue that more judges alone are insufficient. Systemic reforms needed simultaneously: Alternative Dispute Resolution (ADR) — Arbitration, Mediation, Lok Adalats; lower court infrastructure improvement — District Courts have over 4.5 crore pending cases; case management reforms — reducing adjournments; and e-courts expansion for faster disposal. This multi-dimensional analysis is what UPSC Mains GS Paper 2 answers on Judiciary require.
5. Historical Amendments — Timeline for UPSC Prelims
| Year | Amended Strength | Key Context |
| 1956 (Original) | 8 judges | Supreme Court established at Delhi |
| 1960 | 11 judges | First increase — growing case load |
| 1978 | 18 judges | Post-Emergency judicial reforms |
| 1986 | 26 judges | Expanding constitutional jurisdiction |
| 2009 | 31 judges | Pendency crisis management |
| 2019 | 34 judges | Last amendment — current strength |
| 2026 (Proposed) | 38 judges | Current pendency + upcoming retirements |
UPSC Polity topics like Collegium system and Article 124 appear every year in Prelims and Mains. Riyasat Ali Sir ensures you never miss these high-frequency institutional topics. Join Now -> iasmentorship.com/admissions
UPSC Relevance — Supreme Court Judges Increase
For Prelims:
- Article 124(1) — Parliament has power to change SC judge numbers
- Supreme Court (Number of Judges) Act, 1956 — basis for all amendments
- Current strength: 34 | Proposed: 38 | Original (1956): 8
- Collegium System — CJI + senior judges recommend appointments
- Pendency: 92,385 cases | ADR — Alternative Dispute Resolution
Mains (GS Paper 2):
- Judicial pendency in India — causes, consequences and reforms
- Collegium system — evolution, criticism, NJAC case (2015)
- ADR mechanisms — Lok Adalat, Arbitration, Mediation — effectiveness
- Independence of judiciary vs accountability — constitutional balance
- E-courts and technology in judicial reform
For structured GS Paper 2 Judiciary preparation, join the UPSC Mentorship Program by Riyasat Ali Sir. The Foundation Mentorship English course provides complete Polity and Governance coverage.
Practice MCQ:
Who has the power to increase the number of judges of the Supreme Court of India? (A) President of India (B) Chief Justice of India (C) Parliament (D) Union Ministry of Law — Answer: (C) Parliament
Practice Mains Question:
“Increasing the number of Supreme Court judges is a necessary but insufficient step toward addressing India’s judicial pendency crisis.” Critically examine this statement with reference to structural reforms needed in the Indian judiciary.
Conclusion
The proposal to increase SC judges from 34 to 38 reflects the urgency of India’s justice delivery crisis. But systemic reform — ADR, lower court infrastructure, case management — is equally essential. For complete GS Paper 2 Judiciary preparation, join Riyasat IAS Mentorship. Apply for admission today.
Also Read:
- UPSC Mentorship Program — Riyasat Ali Sir
- Foundation Mentorship English
- Foundation Mentorship Hindi
- Secure Prelims Program 2026
- YATHARTH All India Mock Test
- Current Affairs for UPSC
- FAQs — Riyasat IAS Mentorship
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