Strength of Judges of the Supreme Court: Current Limit and History
Learn about the new sanctioned strength of judges of the Supreme Court in 2026. Discover how a legal ordinance increased the maximum number of judges to 38.
The current strength of judges in the Supreme Court of India as of May 17th, 2026 is 38. This number includes the Chief Justice of India (CJI) and 37 judges. The previous strength was 34, including the CJI and 33 judges.
The increase in the number of judges was brought about by a special ordinance, the Supreme Court (Number of Judges) Amendment Ordinance, 2026, which was signed by President Droupadi Murmu on 16th May 2026. This move is brought about to address thousands of pending cases in the Supreme Court.
Strength of Judges of the Supreme Court: Key Facts at a Glance
| Parameter | Status |
| Current Sanctioned Strength | 38 Judges (1 Chief Justice + 37 Judges) |
| Previous Sanctioned Strength | 34 Judges (1 Chief Justice + 33 Judges) |
| Date of Latest Revision | May 16, 2026 |
| Governing Constitutional Provision | Article 124(1) of the Indian Constitution |
| Amended Legislation | Supreme Court (Number of Judges) Act, 1956 |
| Current Chief Justice of India | Justice Surya Kant |
What is the new strength of judges of the Supreme Court?
With the passing of ordinance on 16th May 2026 by President Draupadi Murmu, the new strength of judges in the Supreme Court of India has been increased to 38 from the existing 34. An ordinance is referred to as a provisional law that is promulgated by the President of India on recommendation of the Union Cabinet.This ordinance modified the Supreme Court (Number of Judges) Act, 1956. It added 4 more judges to the existing number of 34. The previous cap of 34 judges had been a constant since 2019.
Why did the government increase the number of judges?
The reason behind the increase in number is to address the record number of pending cases. According to the Supreme Court Observer, there were 92,823 cases pending in the Supreme Court at the end of April 2026. More judges will expedite delivery of justice, said Law Minister Arjun Ram Meghwal.
The more benches, the sooner the court will be able to clear these backlogs. A bench is a panel of judges that sit together to preside over a particular case.
How has the judge count changed since 1950?
The judges of the apex court have been increasing since its inception from eight to 38 as of today. The Supreme Court was established in 1950 by India with only eight judges. The number can be increased by law made by Parliament under article 124(1) of the Indian Constitution or by President by passing an ordinance.
Note: Article 124 (1) deals with the composition and strength of the Supreme Court.
In 1956 Parliament increased it to 11, and in 1960 to 14. Later updates raised the count to 18 in 1977, 26 in 1986, and 31 in 2008.
Who decides the strength of judges of the Supreme Court?
The Constitution of India provides that the number of judges can only be determined by Parliament as per Article 124(1). But, when the parliament is not in session, the same can be modified by the President of India by passing an ordinance.
What is the difference between sanctioned strength and working strength?
The maximum number of judges allowed by law, in 2026, is 38 judges, which is sanctioned strength. The number of judges actually working on the bench is known as working strength.
Which law regulates the number of Supreme Court judges?
The Supreme Court (Number of Judges) Act, 1956 regulates the number of judges in Supreme Court. The government makes amendments to this particular act as and when the need arises for increasing the judicial capacity.
Who is the Chief Justice of India 2026?
Justice Surya Kant is the Chief Justice of India in 2026. He assumed office as the 53rd head of the Indian judiciary on November 24, 2025.
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