Justice Nagarathna dissents on collegium’s top court pick

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, with Justice BV Nagarathna recording a strong note of dissent against Justice Pancholi’s appointment and underlining that his appointment would not only be “counterproductive” to the administration of justice but would also put the credibility of the collegium system at stake.

- Utkarsh Anand

Her note referred to the circumstances of his transfer from the Gujarat high court to the Patna high court.

The five-member collegium, comprising Chief Justice of India Bhushan R Gavai and justices Surya Kant, Vikram Nath, JK Maheshwari and Nagarathna, took the decisions with a 4-1 split on Justice Pancholi, as the lone woman judge in the top court issued a rare detailed dissent opposing his elevation.

‘According to people aware of the matter, Justice Nagarathna’s note traced her disagreement to May when the idea of elevating Justice Pancholi was first broached and she, along with another member of the collegium, expressed their reservations. Against that backdrop, Justice NV Anjaria was elevated in May ahead of Pancholi — both because he was senior to Justice Pancholi in the Gujarat high court and also to ensure that the Gujarat high court continued to be represented at the Supreme Court after Justice Bela M Trivedi’s June retirement. Believing the Pancholi proposal was shelved, Justice Nagarathna underscored her surprise when it reemerged within three months, prompting a written dissent.