President Murmu Promulgates Ordinance Raising Supreme Court Judge Strength to 37

New Delhi, May 17: President Droupadi Murmu has promulgated an ordinance increasing the sanctioned strength of judges in the Supreme Court of India to 37, excluding the Chief Justice of India (CJI).

According to a gazette notification dated May 16, the move was taken as Parliament is not in session and immediate action was deemed necessary.

The ordinance, titled the Supreme Court (Number of Judges) Amendment Ordinance, 2026, has been issued under Article 123 of the Constitution and will be placed before both Houses of Parliament when it reconvenes.

With this amendment, the total strength of the apex court, including the CJI, rises from 34 to 38. The ordinance modifies Section 2 of the Supreme Court (Number of Judges) Act, 1956 by replacing “thirty-three” with “thirty-seven.”

The step follows Union Cabinet approval earlier this month and is aimed at addressing the growing pendency of cases in the top court, which currently exceeds 93,000.

The ordinance will cease to operate if not approved within six weeks of Parliament’s reassembly or if disapproved by both Houses. The President may also withdraw it at any time.

The last revision in judicial strength was made in 2019, when Parliament increased the number of judges from 31 to 33, excluding the CJI.

At present, the apex court has two vacancies, including that of former Chief Justice B. R. Gavai, who retired in November 2025, and Justice Rajesh Bindal, who demitted office in April 2026.

Three more judges — Justices J.K. Maheshwari, Pankaj Mithal and Sanjay Karol — are set to retire later this year.

Originally, Article 124(1) of the Constitution had envisaged a Supreme Court with a Chief Justice and not more than seven judges, leaving scope for Parliament to expand the strength over time. Subsequent amendments have steadily increased the number, reflecting the growing judicial workload. (Agencies)