The Supreme Court reaches its full sanctioned strength of 34 judges, but the gender gap persists with Justice BV Nagarathna remaining the sole woman on the bench.
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NEW DELHI: With the swearing-in of Justices Alok Aradhe and Vipul M Pancholi as Supreme Court judges, the apex court of India has reached its full sanctioned strength of 34 judges. However, the appointments have reignited debates around judicial seniority, transparency, and gender representation within the judiciary.
The Supreme Court of India has often functioned with vacancies, but as of today, it is operating at its maximum sanctioned strength of 34 judges. Notably, among these, only one woman, Justice BV Nagarathna, sits on the bench. Justice Nagarathna is in line to become India’s first woman Chief Justice in 2027, a historic milestone in the making.
The Controversy Around Justice Vipul Pancholi’s Appointment
Justice Vipul Pancholi’s elevation has been at the center of debate. Ranked 57th in the all-India seniority list of High Court judges, his appointment has drawn criticism for bypassing several senior judges, including women judges. Justice BV Nagarathna, a member of the Collegium, dissented against Pancholi’s elevation, reportedly calling it “counter-productive” to the administration of justice and damaging to the credibility of the collegium system.
Adding to the criticism, three women High Court judges, Justices Sunita Agarwal, Revati Mohite Dere, and Lisa Gill, were overlooked despite being senior to Justice Pancholi. This has raised concerns about the lack of female representation at the highest judicial level, especially since no woman has been elevated to the top court since 2021.
Justice Nagarathna’s Dissent
A major point of contention arises from reports that Justice B.V. Nagarathna, the only woman member of the collegium, dissented from the recommendation of Justice Pancholi.
- Justice Nagarathna is said to have strongly opposed his elevation, stating it would be “counter-productive” to the administration of justice and would erode the credibility of the collegium system.
- Her dissent highlighted that several meritorious and senior judges were bypassed, raising questions about the principle of seniority in judicial appointments.
- Notably, she reportedly pointed out that Justice Pancholi’s future tenure as Chief Justice of India (CJI) would not serve the institution’s best interests.
Despite her request, her dissent note has not been made public on the Supreme Court’s website, a move CJAR has termed as “retrogression in transparency.”
Justice Pancholi is now in line to serve as the 60th Chief Justice of India in 2031, becoming the third sitting Supreme Court judge from the Gujarat High Court.
Justice Alok Aradhe
Justice Alok Aradhe has had a diverse judicial career across multiple High Courts. He began as an additional judge of the Madhya Pradesh High Court in 2009 and became a permanent judge in 2011. He later served in the Jammu and Kashmir High Court, including as its Acting Chief Justice, before moving to the Karnataka High Court in 2018. In July 2023, he was appointed as Chief Justice of the Telangana High Court, and subsequently became Chief Justice of the Bombay High Court in January 2025, prior to his elevation to the Supreme Court.
Justice Vipul Pancholi
Justice Vipul Pancholi started his judicial career as an additional judge of the Gujarat High Court in October 2014, becoming a permanent judge in 2016. His transfer to the Patna High Court in July 2023 was met with opposition from the Gujarat High Court Advocates’ Association (GHCAA), which praised his record of disposing of over 35,000 cases. Despite the controversy, he went on to serve as Chief Justice of the Patna High Court until his Supreme Court elevation.
Gender Representation: A Persistent Concern
The glaring gender imbalance in the Supreme Court continues to spark discussion. Despite India producing several eminent women judges, their representation at the apex level remains dismally low. The current bench has only one woman judge, Justice Nagarathna, underlining the need for structural reforms in judicial appointments to ensure gender inclusivity.
Supreme Court’s Five Senior-Most Judges:
- Justice BV Nagarathna
- CJI BR Gavai
- Justice Surya Kant
- Justice Vikram Nath
- Justice JK Maheshwari
Click Here to Read More Reports on Justice BV Nagarathna
Click Here to Read More Reports on CJI BR Gavai
Click Here to Read More Reports on Women Judges
