Justice Surya Kant and the Indian Supreme Court Judges: What Actually Happens Behind the Robes

Justice Surya Kant and the Indian Supreme Court Judges: What Actually Happens Behind the Robes

You’ve probably seen the photos. Rows of judges in pitch-black robes, sitting under the massive dome of Tilak Marg, looking every bit like the ultimate arbiters of truth. But honestly, most people have no clue how Indian Supreme Court judges actually end up there, or what they do once the cameras stop clicking.

It’s not just about knowing the law. It’s a high-stakes game of seniority, "collegium" politics, and—increasingly—a race against the clock. As of January 2026, the court is navigating a fascinating period under the leadership of Chief Justice Surya Kant, who took the helm in late 2025.

The 34-Judge Limit: Why the Numbers Matter

Currently, the sanctioned strength is 34. That includes the Chief Justice of India (CJI) and 33 other judges. Sounds like a lot? Think again. With over 80,000 cases often pending at any given time, these 34 people are basically trying to empty an ocean with a teaspoon.

Who is in charge right now?

Right now, Justice Surya Kant is the 53rd Chief Justice of India. He assumed office on November 24, 2025, taking over from Justice B.R. Gavai. He’s got a decent runway—he’ll be in the big chair until February 9, 2027.

But here’s the kicker: the "seniority rule" is the holy grail here. In India, the senior-most judge of the Supreme Court almost always becomes the CJI. It’s a convention that has only been broken a couple of times in history (and those times caused absolute chaos).

How You Actually Become a Supreme Court Judge

Forget what you see in American movies. There are no public confirmation hearings. No senators grilling nominees about their college parties. In India, it’s all about the Collegium System.

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Basically, the five most senior judges (including the CJI) meet behind closed doors. They look at High Court judges from across the country and decide who’s ready for the big league.

The Eligibility Checklist:

  • You must be a citizen of India.
  • You’ve been a judge of a High Court for at least five years.
  • OR you’ve been an advocate in a High Court for ten years.
  • OR you’re a "distinguished jurist" in the opinion of the President (though this last one has never actually been used to appoint anyone).

The government can send a name back for "reconsideration," but if the Collegium sticks to its guns and sends the same name again, the government is technically bound to appoint them. It's a constant tug-of-war. Critics say it's "judges appointing judges," while supporters say it’s the only way to keep the judiciary independent from political pressure.

The Retirement "Cliff" of 2026

Indian Supreme Court judges retire at 65. Period. Unlike the US Supreme Court, where you can stay until you literally can't breathe, Indian judges often have very short tenures in the top spot.

2026 is actually a massive year for exits. We’re going to see some heavy hitters hanging up their robes:

  1. Justice J.K. Maheshwari: Expected to retire in June 2026.
  2. Justice Pankaj Mithal: Also slated for a June 2026 retirement.
  3. Justice Rajesh Bindal: Leaving the bench in April 2026.
  4. Justice Sanjay Karol: Retiring in August 2026.

This constant churn means the Collegium is always busy. You’ve barely gotten used to a judge’s style of questioning before they’re gone. It makes for a very dynamic, if slightly unstable, judicial environment.

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What People Get Wrong About the Job

Most people think being a Supreme Court judge is all about big "landmark" constitutional cases. Honestly? A huge chunk of their day is spent on "Special Leave Petitions" (SLPs). These are basically people asking the Supreme Court to fix a "wrong" judgment from a lower court.

The workload is brutal

They start their day reading through massive "briefs" (legal documents) for dozens of cases scheduled for the next morning. Court starts at 10:30 AM. They sit in "benches"—usually two or three judges together. On Mondays and Fridays (known as "Miscellaneous Days"), they might hear 60 or 70 cases in a single day.

It’s fast. You have maybe 5 minutes to convince them why your case shouldn't be dismissed. If they aren't convinced, it's "Dismissed," and that's the end of the road. No more appeals.

Diversity: The Elephant in the Room

One thing users often search for is the diversity of the bench. It’s been a slow climb. While we’ve had some incredible women judges like Justice B.V. Nagarathna (who is famously on track to be India’s first female CJI in 2027), the bench has historically been dominated by men.

The Collegium also tries to maintain a "regional balance." They try to make sure judges come from different High Courts—Delhi, Bombay, Madras, Allahabad, etc.—so the whole country feels represented.

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Recent Decisions That Actually Affect You

In the last year or so, the bench has been tackling stuff that isn't just "lawyer talk." They’ve ruled on:

  • Climate Change: Recognizing a "right to be free from the adverse effects of climate change" as part of the Right to Life.
  • Digital Privacy: Tightening the screws on how the government can access your personal data.
  • Waqf Law: Staying controversial provisions that required proof of "five years of Islamic practice" to create a waqf.

These aren't just academic exercises. They change how your data is handled and what the air you breathe looks like.

Actionable Steps: How to Follow the Court

If you're interested in keeping tabs on what Indian Supreme Court judges are doing, don't just wait for the evening news. Here is how you can actually engage with the system:

  • Watch the Livestreams: The Supreme Court now livestreams many Constitution Bench hearings on YouTube. It’s the best way to see the judges in action.
  • Use the SC Mobile App: You can track the "Cause List" (the daily schedule) and read judgments as soon as they are uploaded.
  • Check Seniority: If you want to know who the next CJI will be, look at the seniority list on the official Supreme Court website. It’s basic math—find the senior-most judge who hasn't hit 65 yet.
  • Read the 'Daily Orders': Sometimes the most important part of a case isn't the final 200-page judgment, but the short "interim order" that stops a demolition or grants bail.

The judiciary is the final guardrail of Indian democracy. Whether you agree with their decisions or not, understanding who these judges are and how they get there is the first step in being a truly informed citizen.


Next Steps for You:
Check the official Supreme Court of India website to see the current list of sitting judges and their upcoming retirement dates to see how the bench will shift in the coming months.