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Justice Oka Calls for Public Disclosure of Collegium Dissent as Government Clears Pancholi Elevation

He argues that explaining dissents can improve legitimacy without exposing private details of candidates.

Overview

  • Former Supreme Court judge Abhay S. Oka said the reason for a collegium member’s dissent should be made known, responding to questions about Justice B. V. Nagarathna’s opposition to elevating Justice Vipul Pancholi.
  • The government cleared Pancholi’s elevation on Wednesday following the five-judge collegium’s 25 August recommendation that also named Bombay High Court Chief Justice Alok Aradhe.
  • Reports attribute Nagarathna’s dissent to concerns over Pancholi’s relatively low seniority, his July 2023 transfer from Gujarat to Patna High Court, and regional representation at the Supreme Court.
  • Oka cautioned against publishing full collegium minutes, warning that disclosures could compromise the privacy and professional prospects of candidates, including exposing their recent financial details.
  • He urged process-focused transparency by explaining how candidates are shortlisted and selected, noted that diversity sometimes requires departures from strict seniority, and flagged that Pancholi would be in line to become CJI in October 2031 if appointed.