The Supreme Court Collegium recommended three High Court Chief Justices for appointment as Supreme Court judges: Justice Sunita Agarwal, Justice Devendra Kumar Upadhyaya and Justice Aparesh Kumar Singh. The recommendations now go to the Union Government for notification.
More judges at the Supreme Court means more benches can sit at the same time, which helps reduce the wait for hearings in pending appeals.
Under Article 124(2) of the Constitution, Supreme Court judges are appointed by the President. Through the Second and Third Judges Cases, the Supreme Court held that the opinion of the Chief Justice of India, formed through a collegium of senior judges, carries primacy. For Supreme Court appointments, the collegium consists of the Chief Justice of India and the four senior-most judges. The National Judicial Appointments Commission, which sought to change this system, was struck down in 2015, so the collegium process continues.
In practice, the collegium considers seniority, merit, regional and other representation, and then sends its recommendation to the Union Government. The government processes it under the Memorandum of Procedure, and appointments take effect when the President issues a warrant and the notification is published. The government can return a name once for reconsideration, but a reiterated recommendation is ordinarily treated as binding.
The President of India makes the appointment under Article 124(2), acting on the collegium's recommendation as processed by the Union Government. A recommendation by itself does not make someone a judge. The appointment is complete only after the warrant of appointment is issued and the person takes the oath of office.
Parliament fixes the number of Supreme Court judges by law. Since the 2019 amendment, the sanctioned strength is 34 judges including the Chief Justice of India. Vacancies arise mainly on retirement, as Supreme Court judges retire at the age of 65 under the Constitution.
Filling vacancies increases the number of benches that can sit, which helps overall disposal. However, the timing of any single case depends on its category, listing priorities and other factors. It is more useful to ask your advocate about the expected listing of your particular matter rather than assume a change.
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