The appointments come after Parliament increased the Supreme Court’s sanctioned strength from 34 to 38 judges, including the CJI.
Justice Sunita Agarwal’s elevation also takes the number of women judges on the Supreme Court to three.
The three judges took oath at 3:30 pm, marking an unusual afternoon ceremony at the Supreme Court.
The Supreme Court's composition has changed with the appointment of three new judges, taking its working strength closer to the newly sanctioned limit of 38.
Chief Justice of India Surya Kant on Tuesday administered the oath of office to Justices Sunita Agarwal, Devendra Kumar Upadhyaya and Aparesh Kumar Singh. Their appointment has taken the court's working strength from 34 to 37, leaving it one judge short of its sanctioned strength.
Who Are The Three New Judges?
All three newly appointed judges have joined the Supreme Court after serving as Chief Justices of High Courts.
Justice Sunita Agarwal, Justice Devendra Kumar Upadhyaya and Justice Aparesh Kumar Singh were serving as Chief Justices of the Gujarat, Delhi and Telangana High Courts, respectively, before their elevation to the apex court.
Justice Devendra Kumar Upadhyaya
Justice Devendra Kumar Upadhyaya studied law at Lucknow University and enrolled as an advocate in May 1991. He served as 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.
In July 2023, he was appointed Chief Justice of the Bombay High Court. He was subsequently transferred as Chief Justice of the Delhi High Court in January 2025, a position he held until his elevation to the Supreme Court.
Justice Aparesh Kumar Singh
Justice Aparesh Kumar Singh studied law at the University of Delhi and enrolled as an advocate in 1990.
He practised before the Patna High Court from 1990 to 2000 and subsequently before the Jharkhand High Court. He was elevated as a judge of the Jharkhand High Court in 2012. Justice Singh served as Acting Chief Justice of the Jharkhand High Court from December 20, 2022, to February 19, 2023.
He was subsequently elevated as Chief Justice of the Tripura High Court and took oath on April 17, 2023. He was later transferred to the Telangana High Court, where he took oath as Chief Justice on July 19, 2025.
Justice Sunita Agarwal
Justice Sunita Agarwal, originally a judge of the Allahabad High Court, has served as Chief Justice of the Gujarat High Court since July 2023.
Her elevation to the Supreme Court takes the number of women judges on the apex court to three.
The Union government formally notified the appointments on October 5, following the Supreme Court Collegium's recommendation on September 28. The President's appointment notification confirmed their elevation.
The three judges took oath on Tuesday, completing the appointment process and taking the Supreme Court's working strength to 37.
Why Has The Supreme Court's Strength Increased?
The latest appointments come after Parliament increased the sanctioned strength of the Supreme Court. Until recently, the court had a sanctioned strength of 34 judges, including the Chief Justice of India. The Supreme Court (Number of Judges) Amendment Act, 2026 increased the sanctioned strength to 38, including the CJI.
The legislation received presidential assent in August. It increased the number of judges other than the CJI from 33 to 37, making room for a 38-member Supreme Court.
The three latest appointments therefore take the court close to the expanded strength authorised under the new law.
Justice Agarwal's Appointment
Justice Sunita Agarwal's elevation has also changed the gender composition of the Supreme Court.
With her joining the apex court, the number of women judges has risen to three. The other two are Justice B V Nagarathna and Justice V Mohana.
Before Agarwal's elevation, two women judges were serving on the Supreme Court. Her appointment has therefore added another woman to the present bench.
Unusual Oath Ceremony
The timing of Tuesday's ceremony was also notable. The three judges took their oath at 3:30 pm instead of during the Supreme Court's customary morning opening.
According to Hindustan Times, it was the first time since the Supreme Court was established in 1950 that judges were sworn in during the afternoon. The court had announced that the ceremony would begin at 3:30 pm and would be livestreamed.
The New Strength
The Supreme Court now has 37 serving judges against a sanctioned strength of 38. It is now one judge short of its newly sanctioned strength of 38.
The increase in sanctioned strength was intended to expand the court's capacity as it deals with a large and continuing caseload.
For now, the immediate change is clear, three former High Court Chief Justices have joined the apex court, the working strength has risen to 37 and the number of women judges has increased to three.
