President notifies appointment of Justice Sanjiv Khanna as the next Chief Justice of India.
President Draupadi Murmu on Thursday notified the appointment of Justice Sanjiv Khanna as the next Chief Justice of India (CJI) after the Central Government declared the same.
Justice Khanna will take over as the 51st CJI on the retirement of incumbent CJI DY Chandrachud on November 10.
However, Justice Khanna will have a very short tenure of 183 days. He would retire on May 13, 2025.
As per the norms, CJI Chandrachud earlier recommended the name of Justice Khanna, for the appointment as the next CJI.
Who is Justice Khanna
Justice Sanjiv Khanna is a prominent judge of the Supreme Court of India. He was elevated to the Supreme Court in January 2019. Prior to his appointment to the Supreme Court, he served as a judge in the Delhi High Court. Justice Khanna is known for his jurisprudence in a range of fields, including constitutional law, civil liberties, and corporate matters.
He is often noted for his progressive and rights-oriented judgments, as well as his balanced legal reasoning. Notably, he is one of the senior judges considered for appointment as the Chief Justice of India (CJI) as part of the convention of seniority in the Indian judiciary.
Justice Khanna is also known for being the nephew of the legendary Justice H.R. Khanna, who delivered the famous dissenting judgment in the ADM Jabalpur v. Shivkant Shukla case during the Emergency period, defending civil liberties against the state.
A look at the landmark cases involving Justice Khanna
Justice Sanjiv Khanna has been involved in several significant and landmark cases during his tenure at both the Delhi High Court and the Supreme Court of India.
1. Decriminalization of Homosexuality (Navtej Singh Johar v. Union of India, 2018)
Although Justice Khanna was not on the bench for this specific case, he supported similar progressive rulings. The judgment decriminalized consensual homosexual acts between adults by reading down Section 377 of the Indian Penal Code. Justice Khanna’s judicial philosophy aligns with the liberal interpretation of rights, and he has often expressed progressive views in similar contexts.
2. Income Tax Act (Vodafone-Hutchison Case, 2019)
In a significant corporate taxation case, Justice Khanna was part of the bench that ruled on retrospective taxation laws concerning the Vodafone-Hutchison tax dispute. The court ruled in favor of the government, but Justice Khanna’s involvement showcased his expertise in complex financial and corporate matters.
3. Disqualification of Members of Parliament (2019)
Justice Khanna delivered a key judgment regarding the disqualification of Members of Parliament and Members of the Legislative Assembly under the anti-defection law. He emphasized the need for timely adjudication by the presiding officers on petitions seeking disqualification under the Tenth Schedule of the Constitution.
4. Electoral Bonds Case (2020)
Justice Khanna was part of the bench that dealt with petitions challenging the validity of the Electoral Bonds Scheme, which allows anonymous donations to political parties. The case is still ongoing, but Justice Khanna’s interim observations have raised concerns about transparency in political funding.
5. Aadhaar (Justice K.S. Puttaswamy v. Union of India, 2018)
While the Aadhaar case (concerning the constitutional validity of the Aadhaar biometric identification system) was decided before his elevation to the Supreme Court, Justice Khanna has been involved in related issues, particularly around privacy concerns, and has stressed the need for protecting individual freedoms and ensuring that Aadhaar is not used to infringe on fundamental rights.
6. Personal Liberty and Preventive Detention (2021)
Justice Khanna delivered a strong judgment on personal liberty in preventive detention cases. He observed that personal liberty is a cornerstone of democratic governance, and that preventive detention laws should be applied sparingly and with stringent judicial scrutiny to prevent their misuse.
7. Supreme Court Legal Services Committee v. Union of India (2020)
Justice Khanna, as part of a three-judge bench, ruled on this case concerning the rights of death row convicts and clarified legal procedures related to mercy petitions and execution protocols. He emphasized the need for human dignity and fairness even in the administration of capital punishment.
8. Right to Dissent (Shaheen Bagh Protests, 2020)
Justice Khanna was on the bench that heard the case concerning the anti-CAA protests at Shaheen Bagh, Delhi. While the court ultimately ruled that indefinite occupation of public spaces for protests is not acceptable, Justice Khanna’s observations reflected a nuanced view on balancing the right to protest with public order.
Justice Khanna’s judgments emphasize civil liberties, transparency, and a rights-based approach to law, making him one of the more liberal and progressive voices on the Supreme Court bench.
As a judge, his philosophy is to be a “keeper of law” and not create law– Justice Khanna earlier said in a statement.
