Supreme Court Allows Miscellaneous Application to Appoint Additional Member to Advisory Committee on Transgender Rights

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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

2026 LawText (SC) (02) 23

Miscellaneous Application No. 196 of 2026 in Writ Petition (Civil) No. 1405 of 2023

2026-02-06

J.B. Pardiwala J. , R. Mahadevan J.

2026 INSC 129

Ms. Jayna Kothari (Amicus Curiae)

Jane Kaushik

Union of India & Ors.

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

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