Justice Nagarathna also referred to all-India seniority, pointing out that Justice Pancholi ranks 57th among judges nationwide.
Published Aug 27, 2025 | 4:45 PM ⚊ Updated Aug 27, 2025 | 4:51 PM
Justice Vipul Manubhai Pancholi (L); Justice BV Nagarathna. Credit: patnahighcourt.gov.in, www.sci.gov.in
Synopsis: Justice Nagarathna’s objections were partly based on Justice Pancholi’s transfer from the Gujarat High Court to the Patna High Court in July 2023. She reportedly noted that it was “not a routine transfer, but a carefully considered move made after consultations with several senior judges, all of whom concurred with the decision.”
The Centre on Wednesday approved the Supreme Court’s Collegium recommendation to elevate Patna High Court Chief Justice Vipul Manubhai Pancholi and Bombay High Court Justice Alok Aradhe to the Supreme Court.
With these appointments, the Supreme Court will operate at its full capacity of 34 judges.
Union Law Minister Arjun Ram Meghwal announced on X, “In exercise of the powers conferred by the Constitution of India, the President, after consultation with Chief Justice of India, is pleased to appoint (i) Shri Justice Alok Aradhe, Chief Justice, Bombay High Court and (ii) Shri Justice Vipul Manubhai Pancholi, Chief Justice, Patna High Court as Judges of the Supreme Court of India.”
In exercise of the powers conferred by the Constitution of India, the President, after consultation with Chief Justice of India, is pleased to appoint (i) Shri Justice Alok Aradhe, Chief Justice, Bombay High Court and (ii) Shri Justice Vipul Manubhai Pancholi, Chief Justice,…
— Arjun Ram Meghwal (@arjunrammeghwal) August 27, 2025
The five-member Collegium, consisting of Chief Justice BR Gavai and Justices Surya Kant, Vikram Nath, JK Maheshwari, and Nagarathna, convened on 25 August to recommend Bombay High Court Chief Justice Alok Aradhe and Justice Pancholi for elevation to the Supreme Court.
The Collegium’s proposal to appoint Chief Justice Pancholi faced strong opposition from Justice BV Nagarathna, the only female Supreme Court judge.
Nagarathna argued that Justice Pancholi’s elevation, given his lower seniority and the circumstances of his prior transfer from the Gujarat High Court to the Patna High Court, would be “counter-productive” to the judiciary.
In her dissent, Justice Nagarathna warned that proceeding with his appointment could undermine “whatever credibility the collegium system still holds.”
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’s objections were partly based on Justice Pancholi’s transfer from the Gujarat High Court to the Patna High Court in July 2023.
She reportedly noted that it was “not a routine transfer, but a carefully considered move made after consultations with several senior judges, all of whom concurred with the decision.”
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.
Justice Pancholi, born on 28 May 1968, began his legal career in September 1991 upon enrolling with the Bar. He practised for several years before the Gujarat High Court and was appointed an additional judge there on 1 October 2014, later becoming a permanent judge on 10 June 2016.
Justice Pancholi is set to become the Chief Justice of India (CJI) in October 2031, following the retirement of Justice Joymalya Bagchi.
(Edited by Amit Vasudev)
