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Four Supreme Court vacancies put the Collegium system back in focus

With all 25 High Courts now having regular Chief Justices, attention has shifted to appointments at the Supreme Court and the unresolved debate over how judges are selected.

Supreme Court of India building in New Delhi
Image: Pinakpani / Wikimedia Commons (CC BY-SA 4.0)

All 25 High Courts now have regular Chief Justices following a fresh set of appointments, and the Supreme Court Collegium’s attention is expected to turn to four vacancies in the top court. The Indian Express reports that the Supreme Court currently has 34 judges and is four short of its sanctioned strength after an increase in 2026; another vacancy is due later this year.

The immediate issue is judicial capacity, but the institutional question is larger. Judges of the Supreme Court are formally appointed by the President under Article 124. In practice, recommendations emerge from the Collegium system developed through the Supreme Court’s Judges Cases. The executive can seek reconsideration, but the system gives the higher judiciary a decisive role in judicial appointments.

The Collegium is defended as a safeguard for judicial independence, especially from political control. Critics point to opacity, limited formal criteria and concerns about representation and accountability. The appointment process therefore sits at the intersection of independence of the judiciary and the democratic demand for transparent public institutions.

For UPSC, revise Articles 124 and 217, the First, Second and Third Judges Cases, the NJAC judgment and the distinction between sanctioned strength and vacancies. For Mains, current vacancies provide a contemporary entry point into the classic question: how can India protect judicial independence while improving transparency, diversity and accountability in appointments?