Ending weeks of speculation, the Central government on Monday notified the elevation of three Chief Justices of High Courts to the Supreme Court namely Justice Sunita Agarwal, Justice Devendra Kumar Upadhyaya and Justice Aparesh Kumar Singh, to the top court, taking its working strength to 37, one short of the sanctioned 38, including the CJI.
On September 28, the SC Collegium -- the body responsible for appointment and transfer of judges -- had recommended these three names to be appointed as judges of the top court.
The SC Collegium, headed by the Chief Justice Surya Kant and other senior judges, and also comprising Justices Vikram Nath, J K Maheshwari, B V Nagarathna and Augustine George Masih had taken the decision and recommended their elevation to the top court after due deliberation.
The appointments were cleared on Monday by President Droupadi Murmu after the file was forwarded by the Ministry of Law and Justice following due verification.
Justice Agarwal, born on April 30, 1966, enrolled as an advocate in 1990 and was elevated as Additional Judge of Allahabad High Court in 2011. She became permanent judge in 2013 and was appointed Chief Justice of Gujarat High Court in July 2023. She is known for her judgments on service law, education and constitutional matters, especially women's rights.
She will become the second woman Chief Justice of India if the seniority rule is strictly followed -- after Justice Nagarathna -- and will have a tenure of over two years as CJI in 2032.
Justice Upadhyaya, born June 16, 1965, was elevated as Additional Judge of Allahabad High Court in 2011 and became Chief Justice of Bombay HC in 2023 before being transferred as Chief Justice of Delhi HC earlier this year. He is considered an expert in constitutional and administrative law and centre-state disputes.
Justice Singh, born July 7, 1965, was elevated as judge of Jharkhand HC in 2012 and became Chief Justice of Tripura HC in 2023 and then Chief Justice of Telangana HC. He hails from a family of lawyers and is known for his humane approach.
The Collegium resolution had noted that the appointments were being made keeping in mind seniority, merit, integrity, regional diversity and the need for adequate representation from Allahabad and Jharkhand parent HCs.
The three judges are expected to take oath later this week, after which Justice Agarwal will be the 6th woman judge currently in the Supreme Court, the highest ever.
Their elevation is also significant as all the three HCs — Gujarat, Delhi and Telangana — will now get new Chief Justices, for which the Collegium has already started the process and interviews are underway.
The Law Ministry notification said the appointments will take effect from the date they assume charge of their respective offices.