Supreme Court Justice B.V. Nagarathna has strongly opposed the collegium's decision to elevate Patna High Court Chief Justice Vipul Manubhai Pancholi to the Supreme Court, arguing that the move would be "counter-productive" to the judiciary and could erode the credibility of the collegium system.

The five-member collegium, led by Chief Justice of India (CJI) B.R. Gavai and including Justices Surya Kant, Vikram Nath, and J.K. Maheshwari, recommended the names of Justice Alok Aradhe, Chief Justice of the Bombay High Court, and Justice Pancholi for elevation to the Supreme Court on August 25. If appointed, Justice Pancholi would be in line to become the CJI in October 2031, following the retirement of Justice Joymalya Bagchi. He would then serve until May 2033.

Justice Nagarathna, the sole woman judge in the Supreme Court, dissented, citing Justice Pancholi's lower seniority and the circumstances surrounding his transfer from Gujarat High Court to Patna High Court in July 2023. She noted that the transfer was "not a routine one, but a carefully considered decision taken after consultation with several senior judges, all of whom concurred".

According to sources, Justice Nagarathna also underlined concerns about regional representation in the Supreme Court. She warned that proceeding with Justice Pancholi's elevation could damage the collegium system's credibility. Her dissent reportedly dates back to May when Justice Pancholi's name was first considered. At that time, Justice N.V. Anjaria was elevated ahead of him. When Justice Pancholi's name resurfaced three months later, Justice Nagarathna recorded her dissent.

Justice Nagarathna reportedly stated that Justice Pancholi's future tenure as CJI would not be in the institution's best interest. She also pointed out that Justice Pancholi is 57th in the all-India seniority list of High Court judges, and several meritorious and more senior judges had been bypassed in recommending him. Furthermore, she noted that the Gujarat High Court is already represented on the Supreme Court by Justices J.B. Pardiwala and N.V. Anjaria, and having another judge from the same high court would create an imbalance, especially when many high courts remain unrepresented or under-represented.

The Campaign for Judicial Accountability and Reforms (CJAR), an NGO, issued a statement saying the August 25 resolution "makes a mockery of the earlier standards of transparency in judicial appointments". It questioned why Justice Pancholi was chosen despite his low ranking in the seniority list and the split decision within the collegium.

Justice Nagarathna asked for her dissent note to be published along with the August 25 Collegium resolution; however, the note was not published. If the government approves both recommendations, Justices Aradhe and Pancholi will join the bench, bringing the Supreme Court to its full strength of 34 judges for the first time in months.