On November 11, 2024, Justice Sanjiv Khanna is set to assume the position of the Chief Justice of India (CJI), succeeding Justice D.Y. Chandrachud, who will step down a day prior after two years in office. This tenure marks a brief but significant period for Justice Khanna, who will hold office until May 13, 2025. His appointment as the 51st CJI brings to the forefront his long-standing contributions to the Indian judiciary and the pivotal roles he has undertaken.
Justice Khanna’s journey in the legal profession began when he enrolled as an advocate with the Delhi Bar Council in 1983. He built his practice initially in district courts at Tis Hazari, Delhi, before moving on to the Delhi High Court and various tribunals. During this period, Justice Khanna gained experience in diverse areas of law, including constitutional law, taxation, commercial law, and environmental law. Notably, he served as Senior Standing Counsel for the Income Tax Department and as the Standing Counsel (Civil) for the National Capital Territory of Delhi in 2004.
Justice Khanna’s elevation to the Delhi High Court as an additional judge came in 2005, and he was confirmed as a permanent judge in 2006. His appointment to the Supreme Court in January 2019, however, was a point of public contention. At the time of his elevation, Justice Khanna ranked 33rd in the all-India seniority of High Court judges, raising concerns over the supersession of senior judges. His ascent to the Supreme Court even bypassed senior figures in his own High Court, including Justices Pradeep Nandrajog and Gita Mittal. This unprecedented move stirred debate within legal circles, and Justice Sanjay Kishan Kaul, then a sitting Supreme Court judge, publicly questioned the decision. Nevertheless, Justice Khanna’s contribution since has been notable and impactful.
Justice Khanna has been part of some crucial Supreme Court rulings. A landmark judgment came in 2019 when he asserted that the office of the Chief Justice of India falls under the purview of the Right to Information Act, reinforcing transparency in the judiciary. His dissenting opinion in the Central Vista project judgment stressed the importance of public participation in government decisions, underscoring that such processes should not be reduced to mere formalities.
Justice Khanna also took part in the contentious Article 370 case, where the Supreme Court upheld the central government’s decision to revoke the special status of Jammu and Kashmir. Furthermore, he authored a significant judgment that struck down the Union government’s electoral bond scheme, deeming it unconstitutional and a threat to democratic transparency. Additionally, in a groundbreaking decision under Article 142 of the Constitution, he opined that the Supreme Court possesses the authority to dissolve irretrievably broken marriages, broadening the judiciary’s capacity to deliver relief in matrimonial disputes.
Justice Khanna has also presided over cases of substantial political relevance. He granted interim bail to then-Delhi Chief Minister Arvind Kejriwal, enabling him to campaign in the Lok Sabha elections. His Bench, however, imposed restrictions, preventing Kejriwal from accessing his office while out on bail. In a similar case involving former Deputy CM Manish Sisodia, Justice Khanna underscored the importance of judicial accountability by noting that unnecessary delays could justify bail under the Prevention of Money Laundering Act.
Family heritage is another noteworthy aspect of Justice Khanna’s profile. He is the nephew of Justice H.R. Khanna, a legendary figure in Indian legal history, is celebrated for his dissenting opinion in the ADM Jabalpur case during the Emergency period under Prime Minister Indira Gandhi. Justice H.R. Khanna’s dissent is still hailed as a landmark stance for upholding constitutional rights even at the cost of his own elevation to the office of CJI, a path that Justice Sanjiv Khanna now fulfills.
Justice Khanna’s tenure is brief but pivotal. As CJI, he will oversee pending cases of great public significance, such as those on the marital rape exception and the restitution of conjugal rights. His approach to public transparency and judicial reform is expected to continue, leaving an imprint during his time in the highest judicial office.
Justice Khanna’s appointment as CJI not only marks a new chapter in the Indian judiciary but also underscores the enduring legacy of judicial independence and fairness. His approach to law, imbued with empathy, will likely shape the judiciary’s direction in coming months.
