Centre Notifies Elevation of Justices Sunita Agarwal, DK Upadhyaya, Aparesh Singh to Supreme Court

In a significant move to fill vacancies in the country’s highest court, the Union Government officially notified the appointment of three serving High Court Chief Justices as Judges of the Supreme Court of India on October 5, 2026. The new appointees—Justice Sunita Agarwal, Chief Justice of the Gujarat High Court; Justice Devendra Kumar Upadhyaya, Chief Justice of the Delhi High Court; and Justice Aparesh Kumar Singh, Chief Justice of the Telangana High Court—will assume office from the date they take their oaths. With these elevations, the sanctioned strength of the Supreme Court, including the Chief Justice of India, rises to 37 judges, leaving just one vacancy against the total of 38.

The appointments follow the recommendation of the Supreme Court Collegium, led by Chief Justice of India Surya Kant, which met on September 28 to select the three candidates. The formal notifications, issued under Article 124(2) of the Constitution by the Department of Justice, mark the culmination of the executive stage in the judicial appointment process. For the legal community, the elevations underscore the continued reliance on the Collegium system and bring a wealth of High Court experience to the apex bench.

Justice Sunita Agarwal: Strengthening Women’s Representation

Justice Sunita Agarwal, who has her roots in the Allahabad High Court, becomes the third woman judge presently serving on the Supreme Court, alongside Justice B.V. Nagarathna and Justice V. Mohana. She is the second woman judge to be recommended for elevation by the Collegium headed by CJI Surya Kant after Justice Mohana. Her appointment is a notable step toward improving gender diversity in the Supreme Court, which has historically seen limited female representation.

Born in 1966, Justice Agarwal completed her law degree from Awadh University in 1989 and entered legal practice in December 1990. She initially practiced on the civil side at the Allahabad High Court before being elevated as an Additional Judge of that High Court on November 21, 2011. She was confirmed as a Permanent Judge on August 6, 2013. On July 23, 2023, she took oath as the Chief Justice of the Gujarat High Court, a position she held until her elevation to the Supreme Court. She is due to retire from the Supreme Court in April 2031, giving her nearly five years of service at the apex court.

Justice DK Upadhyaya: A Career Spanning Multiple High Courts

Justice Devendra Kumar Upadhyaya also hails from the Allahabad High Court. He studied law at Lucknow University and enrolled as an advocate in May 1991. His early career included working in the chambers of his father, RA Upadhyaya, who practiced before the Board of Revenue for six decades, as well as with Senior Advocates Mohd Arif Khan and SK Kalia. His practice focused primarily on civil and constitutional matters before the Allahabad High Court’s Lucknow Bench.

Justice Upadhyaya served as the Chief Standing Counsel for the State of Uttar Pradesh from May 2007 until his elevation as a judge of the Allahabad High Court in November 2011. He was confirmed as a Permanent Judge on August 6, 2013. On July 29, 2023, he was appointed Chief Justice of the Bombay High Court, and subsequently transferred as Chief Justice of the Delhi High Court, where he assumed charge on January 21, 2025. His elevation brings extensive experience in handling complex constitutional and civil litigation to the Supreme Court.

Justice Aparesh Kumar Singh: A Journey from Jharkhand to the Top

Justice Aparesh Kumar Singh completed his legal education at the University of Delhi and enrolled as an advocate in 1990. He practiced before the Patna High Court from 1990 to 2000 before moving to the newly formed Jharkhand High Court, where he continued his practice until his elevation. He was appointed as an Additional Judge of the Jharkhand High Court on January 24, 2012, and confirmed as a Permanent Judge on January 16, 2014.

Justice Singh served as Acting Chief Justice of the Jharkhand High Court from December 20, 2022, to February 19, 2023. He was later appointed Chief Justice of the Tripura High Court on April 17, 2023, and subsequently transferred to the Telangana High Court, where he took oath on July 19, 2025. His elevation has a notable seniority dimension: Justice Shree Chandrashekhar, who was elevated from the Jharkhand High Court to the Supreme Court earlier in 2026, was junior to Justice Singh in the inter se seniority of that High Court. Following the present elevation, Justice Singh will rank junior to Justice Chandrashekhar in the Supreme Court roster.

Implications for the Supreme Court

The three new judges add considerable High Court-level judicial experience to the Supreme Court at a time when the Court’s sanctioned strength has recently been expanded. None of the three appointees is currently in the line of succession for the office of Chief Justice of India, but their presence will strengthen the bench’s capacity to handle the growing volume of litigation.

The appointment also reinforces the Collegium system as the mechanism for judicial elevation, despite ongoing debates about judicial independence and executive involvement. The prompt notification by the Centre suggests a smooth working relationship between the judiciary and the executive in this round of appointments.

Conclusion

The elevation of Justices Sunita Agarwal, Devendra Kumar Upadhyaya, and Aparesh Kumar Singh marks a significant moment for the Indian judiciary. With three new judges bringing diverse backgrounds from High Courts across the country, the Supreme Court is better equipped to address the legal challenges ahead. The increased representation of women judges—now three—is a particularly welcome development for the legal fraternity. As the judges assume office, the legal community will closely watch their contributions to the jurisprudence of the highest court.