Supreme Court Pendency Swells: Cabinet to Increase Judge Strength to 38

Supreme Court of India Faces Growing Backlog of Cases

The Supreme Court of India has seen a significant surge in pending cases over the past seven years, with the number rising from 59,535 in 2019 to 92,926 in 2026. This marks a 56 percent increase in pending cases, highlighting the pressure faced by the country's top court. The backlog crossed the 90,000-mark in 2025, indicating a steady rise in the number of cases awaiting disposal.

A closer look at the numbers reveals that the pendency at the Supreme Court rose 33 percent between 2021 and 2026, outpacing the growth in high courts, where pending cases increased by 13.3 percent over the same period. District courts saw the sharpest rise, with pendency increasing 62 percent over the same period.

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The sharp increase in pending cases has prompted the Union Cabinet to approve a proposal to raise the sanctioned strength of the Supreme Court from 34 to 38. This marks the second major expansion in recent years, following the court's strength being increased from 31 judges earlier.

The increase in sanctioned strength is aimed at addressing the widening gap between fresh cases and disposals at the apex court. Despite a disposal rate of around 96 percent in March, indicating that the court has been disposing of most incoming cases, filings have continued to outpace clearances, resulting in a steady rise in backlog. The addition of more judges is expected to provide some relief at the top court, but challenges remain acute across the wider judicial system, particularly in high and district courts, where vacancies continue to weigh on capacity.

High courts are operating with a vacancy rate of 29.8 percent, equivalent to 334 vacant posts, while district courts face an 18.3 percent vacancy rate, translating into 4,721 unfilled positions. High court vacancies have remained elevated in recent years, with 364 of 1,122 sanctioned posts vacant in 2024, compared with 274 of 1,114 in 2023 and 271 of 1,104 posts in 2021.

While expanding the Supreme Court's sanctioned strength could help ease pressure at the top of the judiciary, broader structural issues, including high vacancies and rising litigation across lower courts, continue to weigh on India's justice delivery system.

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