<P> The case was heard before a two - judge bench of the Supreme Court, composed of Justice K.S. Panicker Radhakrishnan and Justice Arjan Kumar Sikri . Justice Radhakrishnan had functioned as a Standing Counsel for a number of educational and social organizations and held appointments in the High Courts of Kerala, Jammu and Kashmir and Gujarat before his elevation to the Supreme Court . Justice Sikri began legal practice in Delhi, specializing in Constitutional cases, Labour and Service matters, and Arbitration matters . Prior to his elevation to the Supreme Court, he held appointments in the Delhi High Court and Punjab and Haryana High Court . </P> <P> The Court has directed Centre and State Governments to grant legal recognition of gender identity whether it be male, female or third - gender: </P> <P> Legal Recognition for Third Gender: In recognizing the third gender category, the Court recognizes that fundamental rights are available to the third gender in the same manner as they are to males and females . Further, non-recognition of third gender in both criminal and civil statutes such as those relating to marriage, adoption, divorce, etc. is discriminatory to the third gender . </P> <P> Legal Recognition for Persons transitioning within male / female binary: As for how the actual procedure of recognition will happen, the Court merely states that they prefer to follow the psyche of the person and use the "Psychological Test" as opposed to the "Biological Test". They also declare that insisting on Sex Reassignment Surgery (SRS) as a condition for changing one's gender is illegal . </P>

National legal services authority v. union of india 2014) 5 scc 438