NEW DELHI: In a swift move by the Central government, two new judges have been appointed to the Supreme Court: Bombay High Court Chief Justice Alok Aradhe and Patna High Court Chief Justice Vipul M. Pancholi. The appointments were notified less than 48 hours after the Supreme Court collegium’s recommendation, bringing the apex court closer to its full strength of 34 judges. However, the elevation of Justice Pancholi has sparked controversy, as one collegium member, Justice B.V. Nagarathna, issued a strong note of dissent.
A Lone Dissenting Voice
Justice Nagarathna, the only woman member of the five-judge collegium, registered a rare and detailed written dissent against Justice Pancholi’s appointment. Her objections, first voiced in May when his name was initially considered, are rooted in concerns over institutional credibility and process integrity.
Her key arguments centered on three points:
- Seniority: Justice Nagarathna pointed out that Justice Pancholi ranks 57th in the all-India seniority list of High Court judges, meaning his elevation would bypass numerous meritorious and more senior judges.
- Regional Representation: The Gujarat High Court already has two judges on the Supreme Court bench (Justices J.B. Pardiwala and N.V. Anjaria). According to Justice Nagarathna, adding a third from the same high court would create a “disproportionate representation” and skew the institutional balance, especially when many other high courts remain unrepresented or underrepresented.
- Transfer History: She highlighted that Justice Pancholi’s recent transfer from the Gujarat High Court to the Patna High Court was not a routine move but the result of “considered deliberation.” She requested that the confidential material and minutes underpinning that decision be examined before proceeding with his elevation, a request that was not granted.
The dissent also noted that if appointed, Justice Pancholi would be in line to serve as the Chief Justice of India for nearly 18 months starting in October 2031. In her assessment, this outcome would not serve the institution’s best interests. Despite her request for the dissent note to be made public on the Supreme Court website, the official resolution made no mention of it, raising concerns about the collegium’s transparency.
Career Highlights of the New Justices
Justice Alok Aradhe was born in 1964 and has an extensive judicial career, having served across multiple high courts. He began his journey as an Additional Judge of the Madhya Pradesh High Court in 2009 and went on to serve in the Jammu and Kashmir, Karnataka, and Telangana High Courts, where he held the position of Acting Chief Justice. He was appointed Chief Justice of the Bombay High Court in January 2025.
Justice Vipul M. Pancholi was born in May 1968. He was elevated as an Additional Judge of the Gujarat High Court in 2014 and became a permanent judge in 2016. After nearly a decade in Gujarat, he was transferred to the Patna High Court in July 2023, where he took the oath as Chief Justice in July 2025. His swift elevation to the Supreme Court now places him on a path to a long and significant tenure at the apex court.