The Supreme Court has a working strength of 28 judges, against a sanctioned strength of 34.
The Supreme Court Collegium has recommended the names of five High Court judges for elevation after the government thumbs down on its list last month. The fresh list includes judges from Bihar, Rajasthan, Manipur and Uttar Pradesh.
The decision was made at a marathon meeting on Tuesday, shortly after Justice Dipankar Datta took oath.
With Justice Datta's appointment, the top court went up to a working strength of 28 judges, against a sanctioned strength of 34.
Today's recommendation comes in the backdrop of a larger back-and forth on the issue of judges' appointment, in which the Centre wants a role. The Supreme Court maintains that the Collegium system is the "law of the land" which should be "followed to the teeth".
Last month, the names of 19 judges recommended for elevation by the Collegium did not receive a go-ahead from the Central government. Sources said some names reiterated by the Collegium were also returned.
At a hearing on the issue last week, a bench of Justices Sanjay Kishan Kaul, Abhay S Oka, and Vikram Nath said it was unacceptable that the government will keep the Collegium's recommendations pending.
"A decision has to be taken within a reasonable time. Once a name is reiterated you (the government) are to appoint. You are sending names back twice over, thrice over. This means you will not appoint a person which is contrary to the judgment. Till the Collegium system is there, you have to enforce it," Justice Kaul had said.
"If you want to bring a new law you may bring but as long as present law exists, you have to abide by it. Our job is to enforce the law as it exists today. Till when will this ping pong battle go on?" he had added.
The Centre had earlier filed an affidavit saying a timeline in matters of judicial appointments is "not appropriate".