On his appointment as the 51st Chief Justice of India (CJI), let’s take a look at the journey of Justice Sanjiv Khanna through the judiciary.
The President of India officially appointed Justice Sanjiv Khanna as the Chief Justice of India, effective November 11, 2024. He will succeed the incumbent CJI, Dr. D.Y. Chandrachud, who is set to retire on November 10, 2024, after two years in office. Justice Khanna’s tenure as CJI will last for six months, until May 13, 2025.
Justice Khanna began his judicial career at the Delhi High Court, where he was appointed as a judge in 2005. According to information available on the Supreme Court’s website, Justice Khanna has a vast legal background, having practiced in areas such as constitutional law, commercial law, taxation, arbitration, environmental law, and more. He initially practiced in the district court at the Tis Hazari Complex in Delhi, later extending his work to the Delhi High Court and various tribunals.
One notable aspect of his legal career was his role as Senior Standing Counsel for the Income Tax Department and later as Standing Counsel (Civil) for the National Capital Territory (NCT) of Delhi in 2004. Justice Khanna also worked as Additional Public Prosecutor and argued several criminal cases before the Delhi High Court.
A Legacy of Judicial Independence
Justice Khanna is the nephew of Justice Hans Raj Khanna, a revered figure in Indian judicial history. Justice H.R. Khanna famously delivered the sole dissent in the ADM Jabalpur case during the Emergency (1975-77), asserting that fundamental rights cannot be suspended even during national emergencies. His courageous stance cost him the opportunity to become CJI under the Indira Gandhi government. This legacy of judicial independence is a significant aspect of Justice Sanjiv Khanna’s judicial lineage.
The Controversial Appointment to the Supreme Court
Justice Sanjiv Khanna’s elevation to the Supreme Court in January 2019 was not without controversy. At the time of his appointment, Justice Khanna was ranked 33rd in seniority among high court judges across India, meaning his elevation to the apex court superseded several senior judges. In particular, his appointment bypassed three judges from the Delhi High Court—Justices Pradeep Nandrajog, Gita Mittal, and S. Ravindra Bhat—the last of whom was appointed to the Supreme Court later in September 2019.
The decision to elevate Justice Khanna, along with Justice Dinesh Maheshwari, was made by a collegium led by then-CJI Ranjan Gogoi. This marked a shift from an earlier collegium resolution on December 12, 2018, which had proposed the elevation of Justices Rajendra Menon and Pradeep Nandrajog. However, the December resolution was never uploaded, leading to significant speculation. In his autobiography, Justice Gogoi mentioned that the decision to elevate Justice Khanna was made to ensure he would have a six-month term as CJI, preserving the continuity of Delhi High Court judges in the office of CJI—a position that had not been held by a Delhi High Court judge since Justice Y.K. Sabharwal in 2006.
Key Judicial Contributions
During his tenure at the Supreme Court, Justice Khanna has played a critical role in several landmark cases:
- ADM Jabalpur Dissent Legacy: His family’s legacy was echoed in his legal philosophy, as he contributed to key judgments that emphasized judicial independence.
- Central Vista Project: Justice Khanna dissented in the Central Vista Project case, arguing that public participation in decision-making processes should not be a mere formality.
- Electoral Bonds: Justice Khanna was part of the bench that struck down the Union government’s 2018 electoral bonds scheme, a decision with significant implications for transparency in political funding.
- Article 370: He was also part of the five-judge bench that upheld the dilution of Article 370, removing Jammu and Kashmir’s special status.
- RTI and Judiciary: In 2019, Justice Khanna authored a significant judgment holding that the office of the CJI comes under the ambit of the Right to Information (RTI) Act, 2005, reinforcing transparency in judicial administration.
- Marriage Breakdown: Justice Khanna also delivered a landmark verdict wherein the Supreme Court, using its powers under Article 142, dissolved a marriage that had irretrievably broken down, showcasing a progressive interpretation of family law.
The Road Ahead
As CJI, Justice Khanna will inherit a docket of pressing legal issues, including the validity of marital rape exception, money bill provisions, and the recently debated LGBTQIA+ marriage equality petitions. Notably, he had previously recused himself from hearing the review petitions in the marriage equality case but will now be responsible for forming a new bench to address this important matter.
Justice Sanjiv Khanna’s legacy, although shaped by a relatively short tenure as CJI, is expected to leave a lasting impact on the Indian judiciary, emphasizing transparency, judicial independence, and progressive interpretations of the law.
