Centre notifies elevation of Justice Pancholi to SC, will be CJI in 2031

The Centre on Wednesday notified the appointment of Bombay High Court Chief Justice Alok Aradhe and Patna High Court Chief Justice Vipul Manubhai Pancholi as judges of the Supreme Court, barely two days after the CJI BR Gavai-led Collegium recommended their elevation.

“In exercise of the powers conferred by clause (2) of Article 124 of the Constitution of India, the President is pleased to appoint Justice Alok Aradhe, Chief Justice of the Bombay High Court, to be a judge of the Supreme Court with effect from the date he assumes charge of his office,” a Department of Justice notification read.

A similar notification was issued about Justice Pancholi who would be in line to become the CJI in October 2031 after the retirement of Justice Joymalya Bagchi and would occupy the top judicial position for one and a half years.

Once the two judges take the oath of office, the working strength of the Supreme Court will reach 34. Currently, the top court is functioning with only 32 judges against its sanctioned strength of 34, including the CJI.

The Collegium’s decision to recommend the names of Justice Aradhe and Justice Pancholi was taken on Monday by the five-member Collegium headed by CJI Gavai. The other members of the Collegium include Justice Surya Kant, Justice Vikram Nath, Justice JK Maheshwari and Justice BV Nagarathna.

Justice Nagarathna, the lone woman judge in the Collegium, had reportedly opposed Justice Pancholi’s elevation to the top court, saying it would be “counterproductive” to the administration of justice and would erode the credibility of the Collegium system.

The Campaign for Judicial Accountability and Reforms (CJAR) had on Tuesday questioned the decision. “It is not clear what has swayed the Collegium in recommending Justice Pancholi to the Supreme Court, since Justice Pancholi is not merely the third judge from Gujarat to be elevated to the Supreme Court, (disproportionate to the size of the Gujarat HC and leaving various other high courts unrepresented), but he is also 57th in the all-India seniority list of HC judges,” the CJAR said in a statement.

Senior counsel Indira Jaising also raised questions over Justice Pancholi’s elevation. "At least three women judges are senior to Justice Pancholi. They are Justices Sunita Agarwal, Revati Mohite Dere & Lisa Gill,” she posted on X. “Since the appointment of Justices Hima Kohli, BV Nagarathna and Bela Trivedi in 2021, as recommended by then CJI NV Ramana, 28 judges have been appointed under four CJIs, but not a single woman judge has been recommended. Does wisdom lie only with men?” Jaising said.