Case Note & Summary
The Supreme Court disposed of a Miscellaneous Application seeking appointment of an additional member to the Advisory Committee on transgender rights. While maintaining the existing member Ms. Nithya Rajshekhar due to her extensive work in the field, the Court appointed Ms. Aparna Mehrotra as an additional member to represent the Centre for Law and Policy Research, ensuring proper representation and functioning of the Committee.
Headnote
The Supreme Court considered a Miscellaneous Application filed by the Amicus Curiae seeking appointment of Ms. Aparna Mehrotra as a member to the Advisory Committee formed by the Court's order dated 17.10.2025 -- The Court noted that Ms. Nithya Rajshekhar, who was originally appointed to represent the Centre for Law and Policy Research, was no longer an Associate with the Centre -- However, considering her extensive work on transgender rights, the Court clarified that she would continue as a member of the Advisory Committee -- In the interest of the Committee's functioning, the Court appointed Ms. Aparna Mehrotra as an additional member to represent the Centre and its scholarship in transgender rights -- The Miscellaneous Application was disposed of with these directions
Issue of Consideration
Whether to allow the Miscellaneous Application seeking appointment of an additional member to the Advisory Committee on transgender rights
Final Decision
The Court allowed the Miscellaneous Application -- Clarified that Ms. Nithya Rajshekhar would continue as a member of the Advisory Committee -- Appointed Ms. Aparna Mehrotra as an additional member to represent the Centre for Law and Policy Research -- Disposed of the Miscellaneous Application accordingly
Law Points
- Court's inherent power to modify its own orders
- Appointment of committee members
- Representation of organizations in advisory bodies
Case Details
2026 LawText (SC) (02) 23
Miscellaneous Application No. 196 of 2026 in Writ Petition (Civil) No. 1405 of 2023
J.B. Pardiwala J. , R. Mahadevan J.
Ms. Jayna Kothari (Amicus Curiae)
Union of India & Ors.
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Nature of Litigation
Miscellaneous Application in an ongoing writ petition concerning transgender rights
Remedy Sought
The Amicus Curiae sought appointment of Ms. Aparna Mehrotra as a member to the Advisory Committee
Filing Reason
To ensure proper representation of the Centre for Law and Policy Research in the Advisory Committee
Previous Decisions
The Court had constituted an Advisory Committee by order dated 17.10.2025 with Ms. Nithya Rajshekhar as a member representing the Centre for Law and Policy Research
Issues
Whether to allow the appointment of an additional member to the Advisory Committee on transgender rights
Submissions/Arguments
The Amicus Curiae prayed for appointment of Ms. Aparna Mehrotra as a member to represent the Centre for Law and Policy Research
Ratio Decidendi
The Court has inherent power to modify its own orders and appointments to ensure proper functioning of committees constituted by it -- When a committee member's institutional affiliation changes, the Court may appoint additional members while retaining existing members based on their expertise and contributions
Judgment Excerpts
'Kindly allow the present application filed by the Amicus Curiae and pass appropriate directions to include Ms. Aparna Mehrotra, Senior Associate, Centre for Law and Policy Research as a member to the Advisory Committee formed by the order dated 17.10.2025' -- Para 1
'We take note of the fact that Ms. Nithya Rajshekhar is no longer an Associate with the Centre' -- Para 2
'However, taking into consideration the extensive work undertaken by Ms. Nithya Rajshekhar with regard to the transgender rights, we clarify that she would continue as one of the members of the Advisory Committee' -- Para 3
'In the interest of functioning of the Advisory Committee, we also appoint Ms. Aparna Mehrotra, Senior Associate, Centre for Law and Policy Research as member of the Advisory Committee formed by us vide our judgment and order dated 17.10.2025, to represent the Centre and its scholarship in the field of transgender rights' -- Para 4
'With the aforesaid directions, this Miscellaneous Application stands disposed of accordingly' -- Para 5
Procedural History
The Court had constituted an Advisory Committee by order dated 17.10.2025 -- A Miscellaneous Application was filed seeking appointment of an additional member -- The Court heard the application and passed the present order
