Archive · 29 Sep 2026
Why Seniority Was Not The Only Factor In Court Picks
The Supreme Court Collegium has suggested three High Court chief justices for the Supreme Court.
They are Sunita Agarwal, Devendra Kumar Upadhyaya and Aparesh Kumar Singh.
On the national seniority list, they rank fourth, fifth and sixth.
Three judges ranked higher were not included in this recommendation.
The Collegium did not publicly give a detailed reason for the order.
In the past, seniority was considered together with merit, integrity and regional representation.
This means the most senior judge does not automatically get selected.
The recommendations still need to go through the official appointment process.
The Collegium recommended Justices Sunita Agarwal, Devendra Kumar Upadhyaya and Aparesh Kumar Singh for the Supreme Court.
The three judges rank fourth, fifth and sixth in all-India High Court seniority.
The resolution did not publicly explain why these judges were preferred over three more senior judges.
Past decisions show seniority has been considered alongside merit, integrity and regional representation.
The recommendations are not final appointments and will undergo the established approval process.
- Who
- The Supreme Court Collegium recommended Justices Sunita Agarwal, Devendra Kumar Upadhyaya and Aparesh Kumar Singh.
- What
- It recommended the three High Court chief justices for elevation to the Supreme Court.
- When
- The recommendation was announced on September 28, 2026.
- Where
- The judges currently lead the Gujarat, Delhi and Telangana High Courts; the proposed elevation is to the Supreme Court.
- Why
- The articles say seniority is not the only factor considered in judicial appointments, although the Collegium did not give a detailed public explanation for these selections.
Seniority-Focused View
Broader-Criteria View
How judges should be selected
Seniority-Focused View
The sequence is notable because three judges ranked above the recommended candidates were not included.
Broader-Criteria View
Seniority has historically been considered alongside merit, integrity and other institutional factors.
Transparency
Seniority-Focused View
Choosing judges ranked fourth through sixth over more senior colleagues raises questions about the basis for the decision.
Broader-Criteria View
The Collegium may consider factors such as regional representation and the needs of a national bench, although its latest resolution did not explain the choices in detail.
- Recommended judges
- Sunita Agarwal, Devendra Kumar Upadhyaya and Aparesh Kumar Singh
- Seniority positions
- Fourth, fifth and sixth among High Court judges nationally
- Current courts
- Gujarat, Delhi and Telangana High Courts
- Parent High Courts
- Allahabad for Justices Agarwal and Upadhyaya; Jharkhand for Justice Singh
- Potential Supreme Court impact
- Justice Agarwal would become the third woman judge on the Supreme Court
- Projected court strength
- 37 sitting judges out of a sanctioned strength of 38, if all recommendations are approved
- Status
- The decision is a recommendation, not a final appointment