Justice Nagarathna’s dissent lingers as new judges sworn
The Supreme Court’s lone woman judge, Justice B.V. Nagarathna, in her dissent, raised questions over Justice Biren Vaishnav Pancholi’s transfer from Gujarat to Patna High Court in July 2023, seeking reasons.
Questions raised by Justice B.V. Nagarathna in her dissenting note on the elevation of Justice Vipul Manubhai Pancholi to the Supreme Court continue to cast a shadow, even as preparations are underway for the swearing-in ceremony of two new judges. Chief Justice of India B.R. Gavai is set to administer the oath of office to Justice Pancholi and Justice Alok Aradhe on Friday, August 29, 2025, marking another significant moment in the judiciary’s ongoing evolution.
Patna High Court in July 2023.
Her questions went beyond a routine query. She wanted to know why such an urgent transfer had been deemed necessary, and what circumstances had prompted a group of senior lawyers to rush to then Chief Justice of India D.Y. Chandrachud, seeking his intervention. Significantly, their plea was made in the presence of Justice M.R. Their demand for Justice Pancholi’s immediate transfer, and the haste with which it was executed, remain matters that Justice Nagarathna believes require openness and accountability.
For observers of the judiciary, her dissent is more than a personal view—it highlights the critical role of transparency in judicial appointments. The elevation of a judge to the Supreme Court is not merely a professional milestone for the individual concerned but a moment that impacts the credibility of the institution as a whole. Questions left unanswered risk breeding mistrust in a system that draws its authority from public confidence.
They serve as a reminder that while ceremonies celebrate continuity, dissent ensures accountability. In the delicate balance of India’s judicial system, both are indispensable.