Refuting all objections, the Collegium has made the recommendations for a second time. Under the rules, the government has to accept a name that is sent by the Supreme Court Collegium for a second time. The court's move to make public what customarily remains a confidential document, comes amid the tussle with the government over judges' appointment. Kirpal's name was rejected by the government along with multiple others in November last year.

The Supreme Court has rejected both reasons cited by the government -- that the candidate is openly gay and his partner is a Swiss national.

The communications from the Research and Analysis Wing (R&AW) "do not reflect any apprehension in regard to the individual conduct or behaviour of the partner of Shri Saurabh Kirpal having a bearing on national security," read the letter, signed by Chief Justice DY Chandrachud and Justices SK Kaul and KM Joseph.