The Centre has cleared the elevation of Justices Vipul Pancholi and Alok Aradhe to the Supreme Court, overlooking Justice BV Nagarathna’s dissent over Pancholi’s appointment and seniority concerns.
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NEW DELHI: The President of India, after due consultation with the Chief Justice of India, has appointed Justice Alok Aradhe, Chief Justice of the Bombay High Court, and Justice Vipul Manubhai Pancholi, Chief Justice of the Patna High Court, as Judges of the Supreme Court of India.
The announcement was made on X this afternoon by Union Law Minister Arjun Ram Meghwal, confirming the Central government’s clearance of the elevations.
He tweeted,
“In exercise of the powers conferred by the Constitution of India, the President, after consultation with Chief Justice of India, is pleased to appoint (i) Shri Justice Alok Aradhe, Chief Justice, Bombay High Court and (ii) Shri Justice Vipul Manubhai Pancholi, Chief Justice, Patna High Court as Judges of the Supreme Court of India.”
The Supreme Court of India has a sanctioned strength of 34 judges, but has been functioning with 32 judges in recent months, leaving two vacant positions. With the elevation of Justices Aradhe and Pancholi, the apex court will once again operate at its full strength of 34 judges.
The recommendation for their elevation was made by the Supreme Court Collegium, comprising Chief Justice BR Gavai and Justices Surya Kant, Vikram Nath, JK Maheshwari, and BV Nagarathna, in a meeting held on August 25.
However, the recommendation was not unanimous. Justice BV Nagarathna expressed a strong dissent against the proposal to elevate Justice Vipul Pancholi to the Supreme Court.
Background
The Central government is moving ahead with the appointment of Justices Alok Aradhe and Vipul Pancholi to the Supreme Court, despite Justice BV Nagarathna’s dissent against Pancholi’s elevation. She argued that Pancholi’s promotion would undermine the credibility of the Collegium, citing his 57th seniority rank and questioning the process of his transfer from Gujarat to Patna High Court.
However, the majority of the Collegium, CJI BR Gavai and Justices Surya Kant, Vikram Nath, and JK Maheshwari, supported Pancholi, clearing the way for his appointment. Once warrants are issued, Pancholi is expected to serve nearly eight years in the apex court and eventually become the 60th Chief Justice of India in 2031.
The Campaign for Judicial Accountability and Reforms (CJAR) has criticized the August 25 resolution for a lack of transparency, pointing out the absence of judges’ backgrounds, the collegium coram, and the criteria for superseding senior judges.
Despite controversy, the government is likely to finalize Pancholi’s elevation soon, with warrants anticipated before the end of the week.
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