Justice BV Nagarathna Expresses Strong Dissent On Justice Pancholi’s Elevation

Justice BV Nagarathna, one of the Supreme Court Collegium members, dissented against the recommendation of Justice Vipul Manubhai Pancholi to be elevated to the apex court, stating that his appointment would not only be ‘counter-productive’ to the administration of justice but would also put the credibility of the collegium system at stake.

The Supreme Court Collegium on Monday recommended the elevation of Bombay High Court Chief Justice Alok Aradhe and Patna High Court Chief Justice Vipul M Pancholi to the top court.

The apex court collegium comprises five members, Chief Justice of India Bhushan R Gavai and justices Surya Kant, Vikram Nath, JK Maheshwari and Nagarathna, who took the decisions with a 4-1 split to elevate them.

Justice Nagarathna’s note referred to the circumstances of his transfer from the Gujarat high court to the Patna high court, mentioning that this was not a routine move but followed due deliberation at the highest levels.

She marked all-India seniority, highlighting that Justice Pancholi ranks 57th among high court judges nationwide. In her assessment, several meritorious and more senior judges across high courts could be considered ahead of him, as per Bar and Bench.

Justice Pancholi, if cleared by the Central government, will have a long tenure of nearly 8 years at the Supreme Court. He will also become the Chief Justice of India (CJI) in October 2031.

As per the report, he will also be the third sitting Supreme Court judge whose parent High Court is the Gujarat High Court. The two others, Justice JB Pardiwala and Justice NV Anjaria, also hail from Gujarat.

Born on May 28, 1968, Justice Pancholi joined the Bar in September 1991 and started practice as an advocate in the Gujarat High Court. 

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