Thursday, 24 October 2024

Justice Sanjiv Khanna to Assume Role as India’s 51st Chief Justice on November 11, 2024

Insight into Justice Sanjiv Khanna’s Journey and Landmark Judgments





justice Sanjiv Khanna is all set to become India’s 51st Chief Justice on November 11, 2024. His appointment follows the retirement of Chief Justice DY Chandrachud on November 10. Justice Khanna, who has a reputation for delivering significant judgments, will hold office for a tenure of just over six months, until his retirement on May 13, 2025.




Appointment and Tenure of Justice Sanjiv Khanna

On October 2024, the Union Government officially announced Justice Khanna's appointment, with Union Law Minister Arjun Ram Meghwal confirming the development. His elevation comes after a recommendation from outgoing CJI Chandrachud, who named Justice Khanna as his successor in a letter to the Union Law Ministry.

With a legal career spanning decades, Justice Khanna’s journey began in 1983 when he enrolled as an advocate with the Bar Council of Delhi. He built his career practicing at district courts and tribunals in the capital before being elevated as an additional judge of the Delhi High Court in 2005. He was made a permanent judge the following year. Notably, Justice Khanna was appointed to the Supreme Court on January 18, 2019, without having served as Chief Justice of any High Court—a rare occurrence.



Key Judgments and Legal Contributions

Over the years, Justice Khanna has played a pivotal role in several landmark cases, shaping key aspects of Indian jurisprudence. One of his most notable contributions was his 2019 ruling, where he held that the Right to Information (RTI) Act is applicable to the office of the Chief Justice of India. This judgment, delivered by a Constitution Bench, underscored the importance of transparency in the judiciary.

Justice Khanna has also been vocal in addressing issues like hate speech. In the 2020 case Amish Devgan v. Union of India, his judgment emphasized the need to regulate hate speech and outlined the fine balance between free speech and harmful rhetoric.

His dissent in the Central Vista project case in 2021 is another standout moment in his judicial career. While the majority upheld the government’s redevelopment plan, Justice Khanna questioned the processes followed, reflecting his commitment to procedural fairness.

In 2023, his bench handled high-profile bail applications involving Aam Aadmi Party leaders, including Arvind Kejriwal and Manish Sisodia, related to the Delhi liquor policy case. Though he denied bail to Sisodia, Justice Khanna’s bench stressed the importance of expediting the trial. He later allowed interim bail for Kejriwal during election campaigns, while raising critical questions about the Prevention of Money Laundering Act (PMLA).




Constitutional Bench Involvements

Justice Khanna has also been a part of Constitution Bench decisions in significant cases, including the Article 370 case concerning the special status of Jammu and Kashmir and the Electoral Bonds case. In the latter, his concurring opinion highlighted how the anonymous nature of the scheme potentially infringes on constitutional rights.

In the EVM-VVPAT case, although the plea for 100% verification of voter machines was refused, Justice Khanna directed the Election Commission to introduce additional safeguards, reinforcing the importance of maintaining electoral integrity.




A Distinguished Legal Career

Throughout his legal career, Justice Khanna has held various key positions, including Chairman and Judge-in-Charge of the Delhi Judicial Academy and the Delhi International Arbitration Centre. His commitment to improving the judiciary's functioning through these roles is a testament to his dedication to legal excellence.

As he prepares to step into the role of Chief Justice of India, the country looks forward to how Justice Khanna will continue shaping India’s judicial landscape during his term. His contributions to law, particularly in matters of transparency, individual rights, and constitutional law, have already left an indelible mark on the nation’s legal system.


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