RS passes bill to raise Supreme Court judges' strength to 37; Govt cites pendency concerns PSU Watch
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RS passes bill to raise Supreme Court judges' strength to 37; Govt cites pendency concerns

The Rajya Sabha on Wednesday passed a bill to increase the number of judges of the Supreme Court from the present 33 to 37

PSU Watch

New Delhi: The Rajya Sabha on Wednesday passed a bill to increase the number of judges of the Supreme Court from the present 33 to 37 (excluding the Chief Justice) with a voice vote with Union Minister Arjun Ram Meghwal asserting that the government is committed to independence of the judiciary.

The Supreme Court (Number of Judges) Amendment Bill, 2026, was passed by a voice vote after a brief discussion in the Upper House, while Opposition members staged a walkout.

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The bill, which will replace an ordinance, has already been approved by the Lok Sabha on August 3. Being a Money Bill, the Upper House returned it to the Lok Sabha.

Replying to the debate, Meghwal, who is the Minister of State for Law and Justice, said the increase in the sanctioned strength is part of the government's judicial reforms aimed at improving access to justice and reducing the backlog of cases.

He said the judiciary has witnessed a steady rise in case filings, necessitating an expansion in judicial capacity.

"A structural shift is needed to be adopted in the Supreme Court, where a need is felt to establish at least one permanent constitutional bench and two or three dedicated three-judge benches," he said.

Meghwal said questions are raised on the government for going through the ordinance route to expand the number of judges at the apex court. Replying to that, the minister said the Chief Justice, through a letter, informed the Prime Minister on May 11 about the rise in number of daily case filings.

"He (CJI) said there is a gap of 10,000 cases per year. He said that 75,410 cases were filed and a fresh 46,988 cases were instituted. It has become necessary to have a higher daily disposal rate at the admission stage. This will only be possible when the number of judges in the Supreme Court increases," said Meghwal.

CJI had also mentioned that when the constitutional benches are established, for example, the case of Sabarimala is being heard by a nine-judge bench, the number of judges is reduced in the regular benches.

"Due to the establishment of the constitutional benches, the number of judges is reduced in the regular cases," he said adding, "the long sitting of larger benches leads to reduction in the strength of regular benches, which contributes to pendency. Therefore, increasing the number of judges has become necessary."

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Over judicial infrastructure, he said the government has sanctioned Rs 795.53 crore for expansion of the Supreme Court complex, including construction of 28 courtrooms, nine Constitution court halls and 42 judges' chambers.

"The judiciary is an independent organ of governance, and the government is fully committed to judicial independence. Our effort is to provide judges a conducive environment so that justice reaches citizens in the best possible manner," Meghwal said.

On appointments to the higher judiciary, he said this involves a continuous consultation and collaboration process between the judiciary and the executive. He said appointments to the Supreme Court and High Courts are made under Articles 124 and 217 of the Constitution, respectively, and are governed by the Memorandum of Procedure evolved through judicial pronouncements.

Referring to demands for a southern bench of the Supreme Court, Meghwal said the apex court has so far not agreed to the proposal, though consultations on the issue continue.

Over the district courts, he said filling the vacant position in the subordinate court is in the domain of the high court and the state government concerned.

He said more than 64 lakh cases are pending in high courts and about 4.98 crore cases in district courts across the country, underlining the need for sustained reforms and capacity enhancement in the judicial system.

However, he also added that in 2014, the judge to population ratio was 16.11 per million population, which has now increased to 22.33 per million.

The minister also highlighted the government's focus on digital transformation of the justice delivery system. He said over Rs 7,210 crore has been allocated for the e-Courts project to strengthen technology-driven judicial services.

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