Justice Nagarathna recorded her dissent on elevation of Justice Pancholi as SC judge

New Delhi: The Supreme Court Collegium’s decision on Monday recommending the elevation of Patna High Court Chief Justice Vipul Manubhai Pancholi for appointment as judge of the top court was faced with a dissent by one of five judges, Justice B V Nagarathna.

In her dissent note, Justice Nagarathna reportedly cited Justice Pancholi's 57th rank in the all-India list of seniority of high court judges as well as the issue of regional representation to record her opposition to the recommendation.

The Collegium led by Chief Justice of India B R Gavai and comprising Justices Surya Kant, Vikram Nath and J K Maheshwari recommended the names of Justice Alok Aradhe, Chief Justice of the Bombay High Court and Justice Pancholi, Chief Justice of Patna High Court for elevation as judges of the top court.

If approved, of the two judges, Justice Pancholi would be in line to be the Chief Justice of India from October 2, 2031 upon retirement of Justice Joymalya Bagchi and continue on to the post till May 27, 2033.

However, during the deliberation, Justice Nagarathna recorded a strong note of dissent against Justice Pancholi’s appointment. She is learnt to have said 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. Her note also cited the circumstances of his transfer from the Gujarat High Court to the Patna High Court.

Besides the all India ranking, Justice Nagarathna also pointed out that the Gujarat High Court was already represented on the Supreme Court by Justices J B Pardiwala (who is in line to be CJI between May 2028 and August 2030) and N V Anjaria. Having another judge from the same high court would skew the balance when many high courts remained unrepresented or under-represented, she felt.

In May, this year, the Collegium first deliberated to elevate Justice Pancholi but in view of reservation by another judge, the idea was shelved. But on Monday, his name was cleared despite the dissent by Justice Nagarathna.