The Crossbill News Desk
The Union government on Wednesday (August 28) cleared the elevation of 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 swift notification followed the Supreme Court Collegium’s recommendations, even as a strong note of dissent by Justice B.V. Nagarathna, the apex court’s lone woman judge, questioned Justice Pancholi’s appointment.
Justice Nagarathna, in her note, argued that Justice Pancholi’s elevation would be “counter productive” and could harm the reputation of the top court. She underlined that his transfer to the Patna High Court from Gujarat was not a routine decision but one taken after careful deliberation at the highest levels.
She also pointed out that Gujarat was already represented in the Supreme Court through Justices J.B. Pardiwala and N.V. Anjaria, while several other high courts remained under-represented.
The dissent further highlighted seniority concerns. Justice Pancholi ranks 57th among judges across high courts, and Nagarathna noted that “multiple other meritorious and senior judges” could have been considered before him. She also raised a longer-term concern, observing that his supersession of several senior judges would put him in line to become the Chief Justice of India between October 2031 and May 2033.
“This, in her view, would not be in the judiciary’s interests, given the concerns raised by her,” reported Hindustan Times.
Alongside the Supreme Court appointments, the Union government also approved the elevation of 14 advocates as additional judges in the Bombay High Court.
Among those elevated are Sandesh Dadasaheb Patil and Shreeram Vinayak Shirsat, who have represented the Union government and appeared for central agencies such as the CBI, ED and NIA as public prosecutors. The list also includes Ashish Sahadev Chavan, special public prosecutor for the Maharashtra government and empanelled counsel for the ED, and Farzan Parvez Dubash, secretary of the Bombay Bar Association.
The appointments have drawn attention for including Raj Damodar Wakode, nephew of Chief Justice of India B.R. Gavai.
According to a Hindustan Times report, a person aware of the matter said, “A person aware of the matter told HT that CJI Gavai recused himself from deliberations on recommendations where he was directly or indirectly related.”
The source further added that the candidates’ applications and high court proposals had disclosed their association with Justice Gavai. Nevertheless, Wakode’s name featured in the Collegium’s list released on August 19 under the chairmanship of CJI Gavai, sparking discussion within legal circles.
The report also pointed out that familial ties are not unprecedented in the judiciary, noting that “32 of the 279 judges” appointed between January 26, 1950, and May 15, 2025, were close relatives.
“To be sure, by the time Wakode eventually finds his way to the top court (if he does), there are likely to have been some more such instances. The most famous uncle-nephew pair has to be Justice H.R. Khanna and his nephew, former CJI Sanjeev Khanna,” the report said.
With the new appointments, the Bombay High Court now has 83 judges, though its sanctioned strength is 94. Until now, the court—the country’s second largest after Allahabad—had been functioning with just 69 judges. The court also has benches at Goa (Panaji), Nagpur and Aurangabad, and a newly set up circuit bench at Kolhapur.
The swift notification followed the Supreme Court Collegium’s recommendations, even as a strong note of dissent by Justice B.V. Nagarathna, the apex court’s lone woman judge, questioned Justice Pancholi’s appointment.
Justice Nagarathna, in her note, argued that Justice Pancholi’s elevation would be “counter productive” and could harm the reputation of the top court. She underlined that his transfer to the Patna High Court from Gujarat was not a routine decision but one taken after careful deliberation at the highest levels.
She also pointed out that Gujarat was already represented in the Supreme Court through Justices J.B. Pardiwala and N.V. Anjaria, while several other high courts remained under-represented.
The dissent further highlighted seniority concerns. Justice Pancholi ranks 57th among judges across high courts, and Nagarathna noted that “multiple other meritorious and senior judges” could have been considered before him. She also raised a longer-term concern, observing that his supersession of several senior judges would put him in line to become the Chief Justice of India between October 2031 and May 2033.
“This, in her view, would not be in the judiciary’s interests, given the concerns raised by her,” reported Hindustan Times.
Alongside the Supreme Court appointments, the Union government also approved the elevation of 14 advocates as additional judges in the Bombay High Court.
Among those elevated are Sandesh Dadasaheb Patil and Shreeram Vinayak Shirsat, who have represented the Union government and appeared for central agencies such as the CBI, ED and NIA as public prosecutors. The list also includes Ashish Sahadev Chavan, special public prosecutor for the Maharashtra government and empanelled counsel for the ED, and Farzan Parvez Dubash, secretary of the Bombay Bar Association.
The appointments have drawn attention for including Raj Damodar Wakode, nephew of Chief Justice of India B.R. Gavai.
According to a Hindustan Times report, a person aware of the matter said, “A person aware of the matter told HT that CJI Gavai recused himself from deliberations on recommendations where he was directly or indirectly related.”
The source further added that the candidates’ applications and high court proposals had disclosed their association with Justice Gavai. Nevertheless, Wakode’s name featured in the Collegium’s list released on August 19 under the chairmanship of CJI Gavai, sparking discussion within legal circles.
The report also pointed out that familial ties are not unprecedented in the judiciary, noting that “32 of the 279 judges” appointed between January 26, 1950, and May 15, 2025, were close relatives.
“To be sure, by the time Wakode eventually finds his way to the top court (if he does), there are likely to have been some more such instances. The most famous uncle-nephew pair has to be Justice H.R. Khanna and his nephew, former CJI Sanjeev Khanna,” the report said.
With the new appointments, the Bombay High Court now has 83 judges, though its sanctioned strength is 94. Until now, the court—the country’s second largest after Allahabad—had been functioning with just 69 judges. The court also has benches at Goa (Panaji), Nagpur and Aurangabad, and a newly set up circuit bench at Kolhapur.
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