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Jane Kaushik v. Union of India & Ors. (Miscellaneous Application in Writ Petition (Civil) No. 1405 of 2023)

Miscellaneous Application · 2026 INSC 129Decided 6 Feb 2026
MA-000196 - 2026
Justice J.B. Pardiwala · Justice R. Mahadevan

Background

This is a short procedural order arising within the pending Writ Petition (Civil) No. 1405 of 2023 filed by Jane Kaushik, a transgender rights matter in which the Supreme Court had earlier, by judgment dated 17.10.2025, constituted an Advisory Committee that included Ms. Nithya Rajshekhar to represent the Centre for Law and Policy Research. The Amicus Curiae, Ms. Jayna Kothari, filed this Miscellaneous Application after learning that Ms. Rajshekhar was no longer associated with the Centre, seeking to add Ms. Aparna Mehrotra, a Senior Associate at the same Centre, as an additional member so the Committee could continue functioning effectively.

Decision Breakdown

The Court noted that Ms. Rajshekhar had done extensive work on transgender rights and clarified that she would continue as a member of the Advisory Committee in her personal capacity, notwithstanding her departure from the Centre. In addition, and to ensure the Centre for Law and Policy Research's scholarship remained represented on the Committee, the Court appointed Ms. Aparna Mehrotra as a further member representing the Centre. The Miscellaneous Application was disposed of on these directions.

Lesson Learnt

This is a purely administrative order about the membership of a court-appointed advisory body; its practical takeaway is procedural. Courts retain ongoing supervisory control over committees they constitute in public-interest litigation and can adjust membership as circumstances (such as a member changing institutional affiliation) require, to keep such bodies functional.

Official source (sci.gov.in)View Judgment (PDF)

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