Justice Nagarathna Shocks Collegium with Dissent Against Pancholi’s SC Elevation!
Sole female judge warns Pancholi’s promotion risks bias and credibility.
In a rare and bold move, Supreme Court Justice B.V. Nagarathna has issued a scathing dissent against the collegium’s recommendation to elevate Patna High Court Chief Justice Vipul Manubhai Pancholi to the apex court, labeling the decision “counter-productive” to the administration of justice. The five-member collegium, led by Chief Justice of India Bhushan R. Gavai and including Justices Surya Kant, Vikram Nath, J.K. Maheshwari, and Nagarathna, met on August 25, 2025, to recommend Bombay High Court Chief Justice Alok Aradhe and Justice Pancholi for Supreme Court appointments.
Justice Nagarathna, the only woman on the collegium and in line to become India’s first female Chief Justice in 2027, argued that Justice Pancholi’s elevation could erode the collegium system’s credibility. Her dissent highlighted his 57th rank on the All-India Seniority List of High Court judges and the disproportionate representation of the Gujarat High Court, which would have three judges—Justices J.B. Pardiwala, N.V. Anjaria, and potentially Pancholi—in the Supreme Court if the recommendation is approved. This, she noted, overshadows larger high courts like Madras and Calcutta, which have fewer representatives despite higher sanctioned strengths.
Nagarathna’s objections also focused on the circumstances of Justice Pancholi’s July 2023 transfer from the Gujarat High Court to the Patna High Court, which she described as a deliberate decision following consultations with senior judges. She urged the collegium to review the confidential minutes of that transfer, suggesting it was not a routine move. Her concerns trace back to May 2025, when she and another collegium member opposed Pancholi’s elevation, leading to Justice Anjaria’s appointment instead. The re-emergence of Pancholi’s name within three months prompted her written dissent, emphasizing potential long-term damage to judicial administration and public trust.
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The Campaign for Judicial Accountability and Reforms (CJAR) echoed Nagarathna’s concerns, criticizing the collegium’s 4-1 decision as undermining transparency standards. CJAR highlighted Pancholi’s lower seniority and Gujarat’s overrepresentation, noting that his appointment could set a problematic precedent, especially as he is in line to become Chief Justice of India in October 2031 for nearly two years.
Justice Nagarathna, known for her dissent in the 2023 demonetization case, requested that her note be published on the Supreme Court’s website to uphold transparency. As the collegium’s recommendation awaits government approval, her stance underscores critical issues of seniority, regional balance, and institutional integrity in India’s judicial appointment process.
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