Supreme Court to get 3rd Woman Judge: Sunita Agarwal’s SC Appointment Soon

30 Sep Supreme Court to get 3rd Woman Judge: Sunita Agarwal’s SC Appointment Soon

✎ The Supreme Court Collegium, comprising the five senior-most judges including the CJI, recommends judicial appointments to the apex court, with the Union Government bound by these recommendations under the Constitution.

Subject Relevance — Where This Topic Fits

• GS Paper II — Polity and Governance: Judiciary and Constitutional Framework  |  GS Paper II — Polity and Governance: Judicial Appointments and Collegium System
• Prelims: Supreme Court Collegium, Judicial Appointments Commission, Article 124(1), Judicial Appointments Bill 2023, Women in Judiciary, High Court Chief Justice, Supreme Court Judges (Number) Act
• Essay: Judicial Reforms and the Collegium System: Balancing Independence and Accountability, Representation in the Judiciary: Gender, Diversity, and Constitutional Values

Quick Revision: The Supreme Court Collegium, comprising the five senior-most judges including the CJI, recommends judicial appointments to the apex court, with the Union Government bound by these recommendations under the Constitution.

Why is this in the news?

The Supreme Court Collegium has recommended the elevation of three High Court Chief Justices—Sunita Agarwal (Gujarat), Devendra Kumar Upadhyay (Delhi), and Aparesh Kumar Singh (Telangana)—to the Supreme Court of India. This recommendation, made on 28 September 2026, is significant as it aims to enhance gender representation in the apex judiciary, where only two women judges currently serve.

Background

• The Supreme Court of India, established under Article 124 of the Constitution, currently has 34 judges, including the Chief Justice of India (CJI).
• The Collegium System, evolved through judicial pronouncements such as the Second and Third Judges Cases (1993 and 1998), governs the appointment and transfer of judges in the higher judiciary.
• The Supreme Court Judges (Number) Act, 1956, originally provided for a maximum of 11 judges (including the CJI). The number has been amended over time to accommodate the growing judicial workload.
• The Constitution vests the power to determine the number of judges in the Supreme Court with the Parliament under Article 124(1), subject to constitutional limits.
• Gender representation in the judiciary has been a subject of debate, with efforts to enhance diversity in appointments gaining momentum in recent years.

What is the Supreme Court Collegium System?

• The Collegium System is a judicial process for the appointment and transfer of judges in the higher judiciary, evolved through judicial interpretations of constitutional provisions.
• It comprises the five senior-most judges of the Supreme Court, including the Chief Justice of India, who collectively recommend names for judicial appointments.
• The system was formalised following the Supreme Court’s rulings in the Second and Third Judges Cases, which emphasised judicial primacy in appointments to maintain independence from executive interference.
• The Collegium evaluates candidates based on merit, seniority, integrity, and potential contribution to the judiciary, with no formalised criteria laid down in the Constitution.
• Recommendations are forwarded to the Union Government, which may seek clarifications or raise objections, but cannot unilaterally reject or modify the Collegium’s proposals.
• The Collegium’s recommendations are binding on the government, and delays in appointments can arise due to procedural or political considerations.
• The process ensures that judicial appointments are insulated from external pressures, preserving the judiciary’s autonomy and impartiality.

Key Features

Feature	Significance
Appointment of Justice Sunita Agarwal to Supreme Court	Increases the number of women judges in the Supreme Court from two to three, enhancing judicial diversity and representation.
Supreme Court Collegium’s recommendation	Demonstrates the institutional process of judicial appointments, ensuring transparency and seniority-based selection.
Increase in Supreme Court judge strength from 34 to 37	Expands the apex court’s capacity to handle the growing judicial workload and reduces case pendency.
Direct elevation from Bar to Supreme Court Bench (Justice V. Mohna)	Highlights the constitutional provision allowing exceptional appointments from the legal profession, promoting meritocracy.
Judicial Appointments Commission (JAC) and Collegium System	Reflects the ongoing debate and institutional mechanisms governing judicial appointments in India.

Why it Matters

Judicial Governance

• Enhances gender diversity in the highest judiciary, aligning with constitutional principles of equality and representation.
• Strengthens the collegium system’s role in ensuring merit-based and transparent judicial appointments.
• Demonstrates the Supreme Court’s proactive approach in addressing case backlog through increased judge strength.

Constitutional Framework

• Reaffirms the constitutional mandate under Article 124(1) empowering Parliament to determine the Supreme Court’s judge strength.
• Upholds the principle of seniority in judicial appointments, ensuring stability and predictability in the judiciary.

Judicial Workload Management

• The increase in judge strength from 34 to 37 aims to reduce pendency and improve judicial efficiency.
• Supports the judiciary’s capacity to adjudicate complex and high-volume cases, including constitutional and public interest matters.

Challenges

1. Judicial Appointment Delays

• The collegium system, while transparent, faces criticism for prolonged delays in finalising judicial appointments.
• Ensuring a balanced representation across gender, regional, and professional backgrounds remains a persistent challenge.

UPSC Link: Constitutional Law – Judicial Appointments

2. Gender Representation in Higher Judiciary

• Despite progress, women constitute a small fraction of Supreme Court judges, necessitating sustained efforts for inclusion.
• Barriers to entry and retention in the legal profession, particularly for women, require systemic reforms.

UPSC Link: Constitutional Law – Fundamental Rights

3. Judicial Vacancies and Case Pendency

• Prolonged vacancies in higher judiciary contribute to case backlog, undermining access to justice.
• Balancing judicial expansion with administrative efficiency remains a governance challenge.

UPSC Link: Judicial Reforms – Case Management

Challenges — UPSC Perspective

Issue	Concern
Collegium System Delays	Prolonged vacancies in higher judiciary due to slow appointment processes.
Underrepresentation of Women	Limited female judges in Supreme Court despite constitutional guarantees of equality.
Judicial Workload	High pendency of cases due to inadequate judge strength relative to caseload.
Regional and Professional Diversity	Ensuring balanced representation across High Courts and legal professions.

Way Forward

• Strengthen the collegium system to expedite judicial appointments while maintaining transparency and meritocracy.
• Implement targeted measures to encourage more women to enter and rise in the legal profession.
• Monitor and evaluate the impact of increased judge strength on case pendency and judicial efficiency.
• Promote regional and professional diversity in judicial appointments to reflect India’s pluralistic society.
• Enhance judicial infrastructure and administrative support to complement the expansion of judge strength.
• Conduct periodic reviews of the Supreme Court’s judge strength to align with evolving judicial demands.
• Foster public awareness and stakeholder consultations to build consensus on judicial reforms.

UPSC Value Addition

Prelims Practice Questions

Q1. Consider the following statements regarding the appointment of judges in the Supreme Court of India:
1. The Supreme Court Collegium recommends names for appointment as Supreme Court judges.
2. The Parliament has the constitutional authority to increase the number of judges in the Supreme Court under Article 124(1).
3. The Chief Justice of India (CJI) is the sole authority for recommending names for judicial appointments.
4. The Supreme Court (Number of Judges) Amendment Bill 2026 aims to increase the number of judges from 33 to 37.

How many of the above statements are correct?

1. Only one
2. Only two
3. Only three
4. All four

Answer: Only three — Statements 1 and 2 are correct as the Collegium system is the established mechanism for judicial appointments and Parliament has the authority under Article 124(1) to increase the number of judges. Statement 3 is incorrect because the Collegium, not the CJI alone, recommends names. Statement 4 is incorrect as the bill aims to increase the number from 33 to 37, but the bill was passed in 2026, not 2026 itself.

Q2. Assertion (A): The Supreme Court Collegium is a constitutional body established under Article 124(2) of the Indian Constitution.
Reason (R): The Collegium system was introduced to ensure transparency and reduce executive interference in judicial appointments.

In the context of the above statements, which of the following is correct?

1. Both A and R are true, and R is the correct explanation of A
2. Both A and R are true, but R is not the correct explanation of A
3. A is true, but R is false
4. A is false, but R is true

Answer: ? — Assertion (A) is false because the Supreme Court Collegium is not a constitutional body established under Article 124(2); it is a judicial innovation. Reason (R) is true as the Collegium system was introduced to ensure transparency and reduce executive interference in judicial appointments.

Q3. Match the following High Court Chief Justices with their respective High Courts:

Column I (Chief Justice) | Column II (High Court)
———————————-|—————————
A. Sunita Agarwal | 1. Delhi High Court
B. Devendra Kumar Upadhyay | 2. Gujarat High Court
C. Aparesh Kumar Singh | 3. Telangana High Court
D. B.V. Nagarathna | 4. Karnataka High Court

Select the correct match:

1. A-2, B-1, C-3, D-4
2. A-1, B-2, C-3, D-4
3. A-3, B-1, C-2, D-4
4. A-2, B-3, C-1, D-4

Answer: A-2, B-1, C-3, D-4 — A. Sunita Agarwal is the Chief Justice of the Gujarat High Court, B. Devendra Kumar Upadhyay is the Chief Justice of the Delhi High Court, C. Aparesh Kumar Singh is the Chief Justice of the Telangana High Court, and D. B.V. Nagarathna is the Chief Justice of the Karnataka High Court.

Mains Practice Question

✍ The Supreme Court Collegium has recently recommended the appointment of three High Court Chief Justices to the Supreme Court of India, including the first woman Chief Justice of Gujarat High Court. Critically examine the process of judicial appointments in India, highlighting the role of the Collegium system, constitutional provisions, and recent reforms. Also, discuss the significance of increasing the representation of women in the higher judiciary. (15 Marks)

Approach: MODEL-ANSWER SKELETON:

1. **Introduction (2 marks)**: Define the judicial appointment process in India and its constitutional basis (Article 124(2) and the evolution of the Collegium system post-Second and Third Judges Cases).

2. **Collegium System (4 marks)**:
– Explain the Collegium system: composition, functioning, and its origin (Supreme Court Advocates-on-Record Association v. Union of India, 1993).
– Discuss its advantages: judicial independence, transparency, and reduction of executive interference.
– Highlight criticisms: lack of transparency, absence of a fixed timeline, and potential for nepotism.

3. **Constitutional Provisions and Recent Reforms (4 marks)**:
– Article 124(1): Parliament’s power to determine the number of judges.
– Supreme Court (Number of Judges) Amendment Bill 2026: Increase from 33 to 37 judges.
– Discuss the need for reforms: Judicial Appointments Commission (JAC) Bill, 2014 (failed due to lack of consensus).

4. **Representation of Women in Judiciary (3 marks)**:
– Current status: Only 3 women judges in the Supreme Court (as of 2026).
– Significance: Gender diversity in judiciary enhances legitimacy, reflects societal diversity, and brings diverse perspectives to judicial decision-making.
– Challenges: Underrepresentation, societal barriers, and lack of institutional support.

5. **Conclusion (2 marks)**: Summarize the need for a balanced approach—retaining judicial independence while addressing transparency and diversity concerns. Emphasize the importance of structural reforms to enhance the legitimacy of the judiciary.

Source: bhaskar.com

Gujarat PCS (GPSC) — State PCS Practice

Prelims: With reference to the recent proposal for increasing the number of female judges in the Supreme Court of India, which of the following statements is correct regarding Gujarat High Court’s Chief Justice Sunita Agarwal?

1. She has been officially recommended as one of the three women judges to be appointed to the Supreme Court.
2. She is the first woman Chief Justice of Gujarat High Court to be recommended for the Supreme Court.
3. Her name was proposed but not yet formally recommended for the Supreme Court appointment.
4. The Gujarat High Court has already sent three names for the Supreme Court, including hers.

Answer: She has been officially recommended as one of the three women judges to be appointed to the Supreme Court. — Chief Justice Sunita Agarwal’s name has been recommended by the Supreme Court Collegium for appointment as one of the three women judges to the Supreme Court.

Mains: Discuss the significance of increasing the representation of women judges in the higher judiciary, with special reference to Gujarat High Court’s Chief Justice Sunita Agarwal’s potential elevation to the Supreme Court. How does this step align with the broader goals of gender inclusivity in the Indian judicial system?

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