Justice Pancholi, born in 1968 and practising in Gujarat before joining the bench in 2014, was appointed Chief Justice of the Patna High Court in July this year after his transfer from the Gujarat High Court.
Published Aug 26, 2025 | 5:35 PM ⚊ Updated Aug 26, 2025 | 5:35 PM
Justice BV Nagarathna
Synopsis: Justice BV Nagarathna, the only woman judge of the Supreme Court, has issued a detailed dissent against the collegium’s 4-1 recommendation to elevate Patna High Court Chief Justice Vipul M. Pancholi to the apex court. She raised objections over Justice Pancholi’s seniority (57th in seniority), the circumstances of his transfer from Gujarat to Patna, and the risk of over-representation from Gujarat in the Supreme Court.
The sole woman judge of the Supreme Court, Justice BV Nagarathna, has issued a rare and detailed dissent note opposing the elevation of Patna High Court Chief Justice Vipul M Pancholi, citing concerns of seniority, regional balance and institutional credibility, Hindustan Times first reported.
Justice Pancholi, born in 1968 and practising in Gujarat before joining the bench in 2014, was appointed Chief Justice of the Patna High Court in July this year after his transfer from the Gujarat High Court.
The five-member collegium, headed by Chief Justice of India Bhushan R Gavai and comprising Justices Surya Kant, Vikram Nath, JK Maheshwari and Nagarathna, reached a 4-1 verdict on Pancholi.
The collegium was unanimous in recommending Justice Alok Aradhe’s elevation. Born in 1964, Justice Aradhe has served across multiple High Courts in Madhya Pradesh, Jammu and Kashmir, Karnataka, Telangana, and since January 2025, Bombay, where he is the Chief Justice.
Public interest lawyer and activist Prashant Bhushan welcomed the move in a post on X. “Kudos to Nagarathna J for voicing her strong dissent on the nod for Justice Pancholi to SC,” he wrote.
Justice Nagarathna has been serving in the Supreme Court since 2021 after more than a decade in the Karnataka High Court. She is the daughter of former Chief Justice of India ES Venkataramiah and is slated to become the country’s first woman Chief Justice in 2027, though for a brief tenure of just over a month.
Her note underlined that Pancholi’s elevation would be “counter-productive” to the administration of justice and could put “whatever credibility the collegium system still holds” at risk.
She argued that the circumstances of his transfer from the Gujarat High Court to the Patna High Court in July 2023 were not routine but based on deliberations where multiple judges concurred on the need for transfer. She urged that the confidential minutes behind that transfer be examined before proceeding with his appointment.
Justice Nagarathna also referred to all-India seniority, pointing out that Justice Pancholi ranks 57th among judges nationwide.
According to Hindustan Times, she observed that many more senior and meritorious judges could be considered ahead of him. Importantly, she noted that if elevated now, Pancholi would be in line to become Chief Justice of India from October 2031 to May 2033. Such an outcome, she felt, would not serve the institution’s long-term interest.
Concerns over regional representation were emphasised as well. Justice Nagarathna objected to another appointment from the Gujarat High Court within three months of Justice NV Anjaria joining the apex court, the Indian Express reported, citing unnamed sources.
If Pancholi were appointed, the court would have three judges from Gujarat – Justices JB Pardiwala, Anjaria and Pancholi. Both Pardiwala and Pancholi would also be in line to serve as Chief Justice of India in 2028 and 2031 respectively.
