Why in News: The Supreme Court Collegium, headed by CJI Surya Kant, on May 27, 2026 finalised recommendations for the elevation of five names to the Supreme Court — four sitting High Court Chief Justices (Justices Sheel Nagu, Shree Chandrashekhar, Sanjeev Sachdeva and Arun Palli) and Senior Advocate Mrs V. Mohana from the Bar. The Collegium met on May 22 and May 27, 2026 to consolidate the recommendations. If approved by the President, V. Mohana’s elevation will raise the number of sitting women SC judges from one to two.
The Five Recommendations
| # | Name | Current Position | Background |
|---|---|---|---|
| 1 | Justice Sheel Nagu | Chief Justice, Punjab & Haryana HC | Sitting HC CJ |
| 2 | Justice Shree Chandrashekhar | Chief Justice, Bombay High Court | Sitting HC CJ |
| 3 | Justice Sanjeev Sachdeva | Chief Justice, Madhya Pradesh High Court | Sitting HC CJ |
| 4 | Justice Arun Palli | Chief Justice, High Court of Jammu & Kashmir and Ladakh | Sitting HC CJ |
| 5 | Mrs V. Mohana, Senior Advocate | Senior Advocate, Supreme Court of India | Direct elevation from the Bar |
Supreme Court — Composition Snapshot
| Parameter | Detail |
|---|---|
| Sanctioned strength | 34 judges (1 CJI + 33 judges) |
| Statutory basis | Supreme Court (Number of Judges) Act, 1956 — amended in 2008 (31), 2019 (34) |
| Constitutional basis | Article 124(1) — original strength of 7 (excluding CJI); empowers Parliament to increase by law |
| Sitting women judges (2026) | 1 — Justice B.V. Nagarathna (in line to become India’s first woman CJI on September 25, 2027) |
| CJI | Justice Surya Kant — 53rd CJI, sworn in November 24, 2025; retires February 9, 2027 |
Appointment Architecture
| Layer | Source |
|---|---|
| Article 124(2) | SC judges appointed by the President after consultation with such judges of the SC and HCs as the President deems necessary. CJI must always be consulted. |
| Article 217 | HC judges appointed by President after consultation with CJI, Governor and HC CJ. |
| Collegium System | Evolved through judicial pronouncements — see below. |
The Three Judges Cases
| Case | Year | Effect |
|---|---|---|
| First Judges Case (S.P. Gupta v. Union of India) | 1981 | “Consultation” with CJI does not mean “concurrence” — executive primacy. |
| Second Judges Case (Supreme Court Advocates-on-Record Assn. v. Union of India) | 1993 | “Consultation” means “concurrence”. Collegium system born — judicial primacy. |
| Third Judges Case (In re Special Reference 1 of 1998) | 1998 | Collegium expanded to CJI + 4 senior-most SC judges for SC appointments. |
| Fourth Judges Case (NJAC Case) | 2015 | Struck down the 99th Constitutional Amendment, 2014 that had set up the National Judicial Appointments Commission (NJAC). Collegium restored. |
The Collegium Today (as of May 2026)
| Position | Judge |
|---|---|
| Head | CJI Surya Kant |
| Members | Four senior-most SC judges |
| Senior-most after CJI (likely) | Justice B.V. Nagarathna; Justice K.V. Viswanathan; Justice Manoj Misra; Justice Pamidighantam Sri Narasimha |
(Exact composition rotates as judges retire/are elevated.)
Why This Round Matters
1. Gender Representation
- SC has had only 11 women judges in 75 years.
- Currently, only Justice B.V. Nagarathna is the lone sitting woman judge.
- V. Mohana’s elevation would mean 2 women on the SC, and would also be a direct Bar elevation — a rare path.
2. Direct Bar Elevations — A Trickle
- Most SC judges come up through the HC bench. Direct Bar elevations are uncommon:
- Notable recent: K.V. Viswanathan (2023), L. Nageswara Rao (2016), P.S. Narasimha (2021).
- V. Mohana’s elevation would mark another Bar elevation, broadening the talent pool.
3. Regional Balance
- HCs of Punjab & Haryana, AP, and others represented.
- Critics often flag under-representation of South India, North-East, and Dalit/OBC/Adivasi/Minority judges — collegium minutes are watched for diversity commitments.
4. Pendency Pressure
- SC has ~80,000 pending cases (2026). Each new elevation marginally helps; the structural backlog needs deeper reforms.
The Memorandum of Procedure (MoP) Status
The Memorandum of Procedure (MoP) governing appointments has been under negotiation between the executive and judiciary since 2015. Disputes:
- National security veto for the government.
- Reasons for rejecting a name.
- Time limits for executive action on Collegium recommendations.
As of May 2026, the MoP is still not finalised.
Critique of the Collegium
| Critique | Counter |
|---|---|
| Lack of transparency in selection | Collegium minutes are now published since 2017 |
| In-breeding / “judges appointing judges” | Counter: judicial independence requires distance from the executive |
| Limited social and gender diversity | Collegium minutes 2022 onwards expressly flag diversity considerations |
| No formal eligibility metric | Combination of seniority + integrity + judgments + collegial input |
The NJAC Episode
| Year | Event |
|---|---|
| August 13, 2014 | 99th Constitutional Amendment Act + NJAC Act — replaced Collegium with NJAC (CJI + 2 senior-most SC judges + Law Minister + 2 eminent persons) |
| October 16, 2015 | NJAC struck down by SC (4:1 — Khehar, Lokur, Goel, Joseph; dissenting: Chelameswar). Collegium restored. |
A revived NJAC-style reform with judicial primacy + safeguards remains a periodically discussed option.
Wider Significance
- Judicial independence anchor — Collegium remains the operational reality despite criticism.
- Diversity progress — V. Mohana’s potential elevation is a small but visible shift.
- Centre-Judiciary relations — appointment delays have repeatedly led to public friction; this round’s quick movement is a positive sign.
- MoP finalisation remains the most important structural reform pending.
Way Forward
- Finalise the MoP with mutually acceptable balance of national-security input + transparency + time limits.
- Publish detailed selection criteria (not just minutes) to inform Bar and HC aspirants.
- Diversity targets — gender, SC/ST/OBC, regional — without compromising merit.
- All India Judicial Service (AIJS) — Article 312, long-proposed but stalled, deserves revival.
UPSC Relevance
GS Paper 2 — Polity & Governance:
- Structure, organization and functioning of the Executive and the Judiciary.
- Appointment to various Constitutional posts, powers, functions and responsibilities.
Analytical hooks for Mains:
- The Collegium vs NJAC debate — independence vs accountability.
- Judicial diversity — gender, region, social background.
- Centre-Judiciary relations: MoP, transfer policy, vacancies.
Facts Corner
- Collegium meetings: May 22 and May 27, 2026.
- 5 recommendations: Justices Sheel Nagu, Shree Chandrashekhar, Sanjeev Sachdeva, Arun Palli (sitting HC CJs); Senior Advocate Mrs V. Mohana (direct Bar elevation).
- SC sanctioned strength: 34 (1 CJI + 33 judges) — under SC (Number of Judges) Act, 1956 (amended 2008, 2019).
- Constitutional basis: Article 124(2) — Presidential appointment after consultation; Article 124(1) for strength.
- Three Judges Cases: 1981 (executive primacy), 1993 (Collegium born), 1998 (5-member Collegium).
- NJAC Case (2015): Struck down 99th Amendment, 2014 + NJAC Act.
- Current sitting woman SC judge: Justice B.V. Nagarathna (likely India’s first woman CJI, September 2027).
- Total women SC judges in history: 11.
- CJI Surya Kant: 53rd CJI; sworn in November 24, 2025; retires February 9, 2027.
- SC pendency (2026): ~80,000 cases.
Sources: LiveLaw, The Hindu, Supreme Court of India
Source: SC Collegium Recommends 4 HC Chief Justices and Senior Advocate V. Mohana for Supreme Court — Ujiyari.com | Free UPSC & State PCS Current Affairs
