Justice Sanjiv Khanna has been appointed as the 51st Chief Justice of India, following the retirement of Justice D.Y. Chandrachud, with his term lasting until May 13, 2025.
New Delhi: Justice Sanjiv Khanna took the oath as the 51st Chief Justice of India (CJI) on November 11, 2024, in a ceremony led by President Droupadi Murmu at Rashtrapati Bhavan. The ceremony was attended by Vice-President Jagdeep Dhankhar, Prime Minister Narendra Modi, several government dignitaries, and notable members of the judiciary. Justice Khanna’s appointment follows the retirement of Chief Justice D.Y. Chandrachud, whose transformative tenure concluded on November 10. Although Justice Khanna’s tenure as CJI will be relatively brief, lasting until May 13, 2025, it is anticipated that his impact on Indian jurisprudence will be significant due to his commitment to the principles of constitutional law, social justice, and judicial transparency.
From the Delhi High Court to the Supreme Court: A Legal Journey
Justice Khanna’s career in law began in Delhi, where he earned his legal education and went on to establish himself in the legal profession. Appointed to the Delhi High Court in 2005, Justice Khanna demonstrated his commitment to justice, handling cases across a spectrum of legal fields, including administrative, criminal, and constitutional law. In January 2019, Justice Khanna was appointed to the Supreme Court, a position that provided him with a national platform to address key issues, ranging from electoral transparency to criminal justice.
His judicial philosophy has been highlighted in several high-profile cases, such as those interpreting the Right to Information (RTI) Act. Justice Khanna asserted that the principle of transparency extends to the office of the Chief Justice of India (CJI) itself, advocating for public accountability within the judiciary. This landmark ruling in the RTI case illustrated his dedication to a system where checks and balances are enforced, and transparency prevails over opacity.
Family Legacy and Influence
Justice Khanna’s legal philosophy is influenced by his family’s legacy in the judiciary. His father, Justice Dev Raj Khanna, served as a judge in the Delhi High Court, and his uncle, Justice H.R. Khanna, is celebrated for his dissenting judgment in the ADM Jabalpur case during India’s Emergency period. Justice H.R. Khanna’s dissent in favor of personal liberty remains one of the most celebrated decisions in Indian judicial history, showcasing a commitment to principles over expediency. This legacy of integrity and courage has undoubtedly influenced Justice Sanjiv Khanna’s own commitment to justice, transparency, and constitutional values.
Key Cases and Contributions
Justice Khanna’s involvement in high-profile cases spans crucial areas, such as electoral transparency, the abrogation of Article 370, EVM reliability, judicial accountability, and gender justice. Here are some of the landmark cases where his influence has been pivotal:
1. Transparency in the Judiciary: Right to Information Act
Justice Khanna’s ruling that brought the office of the Chief Justice of India under the RTI Act was a landmark decision for judicial transparency. He argued that the judiciary, as a public institution, must be open to scrutiny like other government bodies. This judgment enhanced public trust, showing that the judiciary values transparency and accountability.
2. Article 370 Abrogation and Jammu & Kashmir Reorganization
In 2019, the Government of India abrogated Article 370, which had granted special status to Jammu and Kashmir, and reorganized it into two union territories. Justice Khanna was a part of the Supreme Court bench examining the constitutionality of this decision. The case raised fundamental questions about federalism, state autonomy, and the executive’s powers in altering a region’s constitutional status.
Justice Khanna’s approach reflected his dedication to the constitutional tenets of federalism and the right to self-governance. He underscored the importance of respecting the democratic process and the legislative safeguards in place to protect state autonomy within India’s federal structure. Although the judgment is pending, Justice Khanna’s inclination to address all parties’ constitutional rights demonstrates his commitment to a balanced interpretation of federal powers and democratic principles.
3. Electronic Voting Machines (EVM) and Voter Confidence
Justice Khanna also contributed to discussions around the transparency and reliability of Electronic Voting Machines (EVMs). In light of the debates over EVM vulnerability to tampering, petitions were filed to mandate additional security protocols and consider a return to paper ballots or improved VVPAT (Voter Verified Paper Audit Trail) systems.
Justice Khanna recognized the importance of public trust in the electoral process and urged the Election Commission of India to ensure the security and transparency of EVMs. His support for implementing 100% VVPAT verification at select polling booths highlighted his commitment to upholding democratic processes by allowing voters a verifiable method to confirm their vote. Justice Khanna has emphasized that while EVM technology offers benefits, the integrity of elections should be unquestionable, with measures that ensure voter confidence and fairness.
4. Electoral Bonds and Political Funding Transparency
In the case concerning the Electoral Bonds Scheme, Justice Khanna reviewed the legality of anonymous donations to political parties. He raised concerns over the scheme’s potential for misuse, suggesting the need for balancing donor privacy with transparency in political funding to maintain the public’s trust. His judgment highlighted the principle that democracy requires a transparent political funding system, where the electorate is informed of the financial influences on political parties.
5. Sexual Harassment Allegations Against Former Chief Justice Ranjan Gogoi
Justice Khanna played a role in the unprecedented sexual harassment allegations case involving then-Chief Justice Ranjan Gogoi. His involvement highlighted his nuanced approach to sensitive issues within the judiciary, emphasizing fairness and impartiality in judicial processes. While the case presented unique challenges due to its high-profile nature, Justice Khanna’s role underscored his commitment to the principles of justice and integrity within the judiciary itself. His approach emphasized the importance of maintaining both public trust in judicial processes and respect for the rights of all involved parties.
6. The Marital Rape Debate and Criminal Law Reform
Justice Khanna has been a vocal advocate for gender equality and has supported progressive interpretations of criminal law, particularly concerning marital rape. He has been involved in ongoing discussions on recognizing non-consensual sexual relations within marriage as a criminal offense. His stance on this issue is aligned with a global trend towards recognizing personal autonomy and bodily integrity, regardless of marital status. If Justice Khanna were to issue a ruling on this matter during his tenure, it would be a landmark decision with far-reaching implications for gender rights in India.
7. Decriminalization of Adultery and Gender Rights
In another progressive decision, Justice Khanna contributed to the judgment that decriminalized adultery, declaring it unconstitutional. The judgment marked a significant shift in Indian legal thought, affirming the rights of individuals within marriage. He argued that the law should respect personal autonomy and recognize the changing dynamics of marriage. Justice Khanna’s stance in this case reflects his commitment to a gender-neutral approach and to redefining laws that are based on outdated moral standards.
8. Bail Jurisprudence and Right to Liberty
Justice Khanna has consistently emphasized the principle that “bail is the rule, and jail is the exception,” especially in cases where personal liberty is at stake. He granted bail to political figures in high-profile cases, such as the Delhi Liquor Policy Case involving former Delhi Chief Minister Arvind Kejriwal. His stance on bail underscores his belief in the fundamental right to liberty and the presumption of innocence until proven guilty. Justice Khanna’s bail jurisprudence reflects his commitment to protecting individual freedoms and upholding the rights of the accused, even in politically charged cases.
9. Upholding Secularism and Constitutional Values
Justice Khanna’s stance on secularism came to the fore in a case involving the constitutionality of the terms “secular” and “socialist” in the Preamble to the Indian Constitution. He affirmed that secularism is an inherent part of the Constitution’s basic structure, regardless of formal amendments. This judgment reiterated the judiciary’s role in safeguarding the Constitution’s fundamental principles, ensuring that India remains committed to a secular framework that protects religious diversity and equal treatment under the law.
Tackling the Judiciary’s Internal Challenges
As Chief Justice, Justice Khanna will confront several pressing issues. The Supreme Court faces high pendency rates, with over 70,000 cases awaiting resolution. Ensuring timely justice delivery is a priority, and Justice Khanna’s tenure will likely focus on devising strategies to reduce case backlogs and improve the efficiency of judicial processes. Addressing the root causes of delays — including vacancies, procedural bottlenecks, and resource constraints — will be critical in his approach.
Justice Khanna’s role in the collegium — the body responsible for judicial appointments — is another challenge he faces. With upcoming retirements in the Supreme Court, including those of Justices Hrishikesh Roy and C.T. Ravikumar in early 2025, Justice Khanna’s collegium will be responsible for ensuring that new appointments uphold the highest standards of merit, integrity, and diversity. His approach will likely prioritize inclusivity, aiming to create a judiciary that represents India’s rich diversity in terms of gender, community, and experience.
Embracing Technological Advancements in the Judiciary
With the increasing role of technology in judicial processes, Justice Khanna’s tenure may also emphasize modernizing the Supreme Court’s functions. The integration of technology in case management, digital case filing, and virtual hearings has been a part of judicial reform discussions, and Justice Khanna may prioritize these initiatives. Adopting such measures can streamline judicial procedures, enhance public access to information, and foster greater transparency within the judiciary.
Steering the Collegium System Responsibly
Justice Khanna’s tenure will involve leadership within the collegium system, India’s unique judicial appointment mechanism. This system, though often scrutinized, plays a crucial role in maintaining judicial independence. As CJI, Justice Khanna will play a significant role in shaping the judiciary’s future, ensuring that new appointees reflect the highest standards of legal acumen and ethical integrity. His balanced approach, shaped by both legal expertise and a commitment to constitutional principles, is expected to guide him in making choices that strengthen the judiciary’s role as a guardian of justice.
A Short Tenure with a Lasting Impact
Although Justice Khanna’s tenure as Chief Justice of India will conclude on May 13, 2025, his impact on the judiciary is expected to be lasting. His judgments have been marked by a commitment to upholding the principles of justice, transparency, and individual rights, reflecting the values enshrined in the Indian Constitution. His approach to legal interpretation emphasizes a balance between individual liberties and societal interests, making his tenure a significant period in the history of Indian jurisprudence.
Justice Khanna’s legacy as Chief Justice will likely be defined by his respect for judicial independence, his dedication to constitutional values, and his progressive approach to contentious legal issues. His short tenure as CJI will be marked by efforts to modernize the judiciary, reduce case backlogs, and enhance judicial transparency. As he leads India’s judiciary, his actions will reinforce the judiciary’s role in upholding the rule of law and ensuring that justice remains accessible to all citizens.
