Supreme Court Collegium — Women Judges [Prelims Bits]

30 Sep 2026

Tags: Prelims   Current events of national and international importance

Source: The Hindu

Context: The Supreme Court Collegium recommended Gujarat HC Chief Justice Sunita Agarwal for elevation to the SC; it is the second woman judge proposed in 2026.

  • Collegium: CJI + four senior-most SC judges recommend appointments/transfers of higher judiciary judges.
  • Current CJI: Justice Surya Kant heads the Collegium.
  • Justice Sunita Agarwal: Chief Justice, Gujarat High Court; recommended for SC elevation.
  • Other recommendations (Sept. 2026):
    • Justice Devendra Kumar Upadhyaya — Chief Justice, Delhi HC.
    • Justice Aparesh Kumar Singh — Chief Justice, Telangana HC.
  • 2021: Three women—Hima Kohli, B.V. Nagarathna and Bela M. Trivedi—were appointed to the SC in the same year.
  • Justice B.V. Nagarathna: Among the five-member Collegium; in line to become India’s first woman CJI in 2027.
  • SC sanctioned strength: 38 judges, including the CJI.
  • Current vacancies: 4 SC judge positions vacant.
  • Constitutional basis: Appointment of SC judges is governed by Article 124; the Collegium system itself is not expressly mentioned in the Constitution.
  • Second Judges Case (1993) + Third Judges Case (1998): Established and clarified the judicial Collegium system for higher-judiciary appointments.

Prelims Question

Q1. Consider the following statements regarding the Supreme Court of India:

  1. The sanctioned strength of the Supreme Court is fixed by the Constitution and therefore cannot be altered by Parliament.
  2. Parliament has increased the sanctioned strength of the Supreme Court through legislation on several occasions.
  3. A Constitution Bench of the Supreme Court ordinarily consists of at least five judges.
  4. The Chief Justice of India is necessarily the senior-most judge of every Constitution Bench constituted by the Supreme Court.

How many of the statements given above are correct?

(a) Only one
(b) Only two
(c) Only three
(d) All four

Answer: (b) 

Explanation:

  • Statement 1 is incorrect: The sanctioned strength is not constitutionally frozen; Parliament can alter it by law.
  • Statement 2 is correct: Parliament has progressively increased the sanctioned strength; the Supreme Court's official history records increases from 8 judges in 1950 to 34 in 2019.
  • Statement 3 is correct: Constitution Benches comprise five or more judges, particularly for substantial constitutional questions or conflicts between decisions of smaller Benches.
  • Statement 4 is incorrect: The CJI does not have to be the senior-most judge of every Constitution Bench; Bench composition is determined by the Chief Justice in the exercise of administrative/judicial roster powers.