In a situation where there won't be any future chief justice in the 5-member collegium, Justice DY Chandrachud, Chief Justice of India designate, will have a 6-member collegium. Justice DY Chandrachud will take oath on 09th November, 2022 and at that time he would have justices Sanjay Kishan Kaul, Abdul Nazeer, KM Joseph, and MR Shah in his collegium. As per the ruling of the Apex Court in the 'Third Judges Case,' Justice Chandrachud would have to include his successor in the collegium. Justice Sanjiv Khanna who is presently at number 10 in the seniority of judges of the Supreme Court, would become number 9 after the retirement of CJI UU Lalit but he would make part of the collegium who would succeed Justice Chanrachud as his successor on his retirement on 10th November 2024. Justice Sanjiv Khanna would become the 51st Chief justice of India on 11th November 2024. 

This situation has come up because none of the members of the top 4 judges of the Supreme Court would have the eligibility to become Chief Justice of India since they all would retire under the shadow of the next Chief justice of India, DY Chandrachud.

The third judge's case rolled out the procedure for the appointment of judges and the system of collegium held that ordinarily one of the four senior-most puisne judges of the Supreme Court would succeed the chief justice of India but if the situation should be such that the successor o the four senior-most puisne judges, he must invariably be made part of the collegium. The judges to be appointed will function during his term and it is but right that he should have a hand in their selection.

The system of 6 judges collegium would continue till the retirement of Justice Ajay Rastogi on 17.06.2023.