Justice BV Nagarathna Dissents on Supreme Court Collegium Pick
Collegium’s 4-1 Split
The five-member collegium, led by Chief Justice of India Bhushan R Gavai and comprising Justices Surya Kant, Vikram Nath, JK Maheshwari, and BV Nagarathna, took the decision with a 4-1 majority. While four members supported Justice Pancholi’s elevation, Justice Nagarathna stood in firm opposition, calling his appointment “counter-productive” for the administration of justice.
Concerns Over Transfer and Seniority
Justice Nagarathna’s dissent note traced her objections to July 2023, when Justice Pancholi was transferred from the Gujarat High Court to the Patna High Court. She emphasized that this transfer was not routine but based on careful deliberations and multiple judicial consultations. In her view, re-elevating him so soon after such a transfer undermines the rationale of the collegium system.
She further highlighted that Justice Pancholi ranks 57th in all-India seniority, with many more experienced judges awaiting consideration. Elevating him ahead of them, she argued, would set a troubling precedent for merit and seniority within the judiciary.
Representation and Future CJI Concerns
The Gujarat High Court is already represented in the Supreme Court by Justices JB Pardiwala and NV Anjaria. Adding a third judge from the same court, Nagarathna noted, risks skewing regional representation when several high courts remain underrepresented.
Her note also pointed out that Justice Pancholi, if elevated now, would be in line to become Chief Justice of India between October 2031 and May 2033. She warned that such a prospect could have long-term consequences for the credibility of the institution.
Call for Transparency
Justice Nagarathna urged that her dissent be published on the Supreme Court’s official website, consistent with recent moves towards greater transparency in collegium decisions. She stressed that decisions taken today will shape how the judiciary is administered and perceived in the years ahead.
The development comes amid concerns about gender balance in the judiciary. With Justice Bela M Trivedi’s retirement in June 2025, Justice Nagarathna remains the only woman judge in the Supreme Court, while recent appointments have not included any women.
Profiles of the Recommended Judges
Justice Alok Aradhe, born in 1964, has served across multiple high courts, including Madhya Pradesh, Jammu & Kashmir, Karnataka, Telangana, and Maharashtra. He became Chief Justice of the Bombay High Court in January 2025.
Justice Vipul M Pancholi, born in 1968, began his career in Gujarat before being elevated as a judge in 2014. He was transferred to the Patna High Court in 2023 and appointed its Chief Justice in July 2025.
For further information on judicial appointments, visit the Department of Justice, Government of India.
