Since the establishment of the Supreme Court of India in 1950, the country has witnessed the leadership of 50 Chief Justices, each contributing to the evolution of India’s judicial system. As Justice Sanjiv Khanna assumes office as the 51st Chief Justice of India, he joins a distinguished lineage of legal luminaries who have shaped constitutional interpretation and the rule of law.
NEW DELHI : In a momentous development, Justice Sanjiv Khanna has been appointed as the 51st Chief Justice of India (CJI). Taking the oath of office on November 11, 2024, he succeeds Justice D.Y. Chandrachud, whose tenure concluded on November 10, 2024.
Justice Khanna, known for his remarkable legal acumen, will serve as the head of the Indian judiciary until his retirement on May 13, 2025, marking a tenure of 183 days.
Justice Khanna’s appointment represents a significant step in the continued evolution of India’s judicial landscape. With a distinguished career in constitutional law, commercial law, and environmental law, he brings a wealth of expertise to the position.
His tenure is expected to address pressing legal challenges and reinforce the judiciary’s commitment to upholding democratic values and constitutional integrity.
A Glimpse Into the Legacy of the Chief Justice of India
The Chief Justice of India (CJI) holds a pivotal role in shaping the judiciary and interpreting the Constitution. The CJI’s influence extends far beyond the courtroom, as they play a crucial part in ensuring justice for citizens and safeguarding the Constitution’s principles.
Since the establishment of the Supreme Court of India in 1950, the nation has witnessed the leadership of 50 Chief Justices, with Justice Sanjiv Khanna now taking on this esteemed responsibility as the 51st.
Notably, the CJI is typically appointed from among the senior-most judges of the Supreme Court, and they hold office until the age of 65. Justice Khanna’s predecessor, Justice D.Y. Chandrachud, will go down in history for his significant contributions to landmark rulings, including those on human rights and the preservation of the Constitution.
The Role of the CJI
The Chief Justice of India plays an essential role in the functioning of the judiciary, overseeing the work of the Supreme Court and ensuring that justice is administered fairly and impartially. The CJI is not just a legal authority but also a leader responsible for directing the judicial system and guiding constitutional interpretation. In times of national crises or legal challenges, the CJI’s decisions carry great weight in ensuring justice and upholding democratic principles.
Justice Sanjiv Khanna’s Judicial Legacy
Justice Sanjiv Khanna, appointed to the Supreme Court in January 2019, is well-regarded for his contributions to landmark judgments and his expertise in various branches of law. His judicial work includes significant decisions on electoral reforms, constitutional issues, and environmental matters, contributing to the shaping of modern jurisprudence in India.
His appointment as CJI brings with it the promise of strong judicial leadership, continuity, and further evolution of the judiciary. Justice Khanna’s legal approach is known for its clarity, thoughtfulness, and commitment to justice, and he is expected to continue to champion these principles in his new role.
A New Chapter for the Indian Judiciary
As Justice Khanna begins his tenure, the legal community and citizens alike will look forward to his leadership in addressing crucial matters facing the judiciary and Indian society at large. From constitutional challenges to safeguarding citizens’ rights, the Chief Justice’s role is integral to maintaining the rule of law and strengthening the Indian legal system.
His swearing-in marks a new chapter in the judicial history of India, where legal expertise, constitutional understanding, and commitment to justice will shape the country’s future.
Key Cases Before the Khanna Court
As Chief Justice, Justice Khanna is currently tasked with hearing several significant cases, one of which is the challenge to the marital rape exception in Indian criminal law. The matter was initially heard by the bench led by CJI Chandrachud on October 17 but was deferred for further arguments. Justice Khanna is now expected to form a new bench to continue hearings on this critical issue.
Additionally, the Khanna Court is likely to continue hearing the suo moto case concerning the rape and murder of a female trainee doctor at Kolkata’s R.G. Kar Medical College. The National Task Force, established by the Chandrachud Court, is expected to submit a pan-India security protocol for doctors soon. It remains to be seen whether the Khanna Court will follow through with enforcement orders in this matter, as promised by CJI Chandrachud.
Justice Khanna is also expected to constitute benches to hear other important cases, including the constitutionality of the Election Commission Appointments Act, 2023, the validity of the Bihar Case Census, and the interpretation of the “need and necessity” for arrest in PMLA cases, as well as challenges to the restitution of conjugal rights and the criminalization of triple talaq—cases that remain unresolved from the Chandrachud tenure.
Several Constitution Bench cases are also on the docket for Justice Khanna. These include matters such as whether a Speaker, against whom disqualification proceedings are ongoing, can initiate disqualification proceedings against other members, the constitutionality of sedition laws in India, the review of the Court’s Sabarimala decision, and the constitutionality of Muslim marriage laws.
The Khanna-led Collegium
After assuming office, Justice Khanna leads the Supreme Court Collegium, which consists of him and four other senior-most judges: Justices B.R. Gavai, Surya Kant, Hrishikesh Roy, and A.S. Oka. With Justice Roy’s retirement on January 31, 2025, Justice Vikram Nath will join the Collegium.
The immediate task of the new Collegium is to recommend two new judges to fill vacancies created by the retirements of Justice Hima Kohli and CJI Chandrachud. With further retirements scheduled in January 2025, the Collegium will also need to recommend two more judges to fill these vacancies. The composition of the Collegium raises questions about addressing gender diversity at the top court.
In addition to these appointments, the Collegium is focused on addressing the growing vacancies in High Courts across the country. As of October 1, 2024, High Courts have 363 unfilled positions, or 32% of the sanctioned strength, highlighting the urgent need for timely appointments.
Institutional Challenges Ahead
As CJI, Justice Khanna has assumed the role of Master of Roster, responsible for constituting benches and allotting cases. The rostering system has faced criticism for its lack of transparency and consistency. Unlike the “Seniority Pools” method followed by former CJI U.U. Lalit, no clear pattern emerged under CJI Chandrachud’s tenure.
Justice Khanna has the opportunity to establish a transparent and balanced approach to bench allocations, either by returning to the seniority-based model or creating a new formula.
The Khanna Court will also address operational challenges, including concerns from the bar regarding delays in the listing process by the Supreme Court’s Registry. Additionally, despite maintaining a relatively healthy disposal rate, the Court still faces a backlog, with over 82,000 cases pending.
While a six-month tenure may seem short to tackle long-standing institutional issues, previous Chief Justices, including Justice Lalit, have successfully implemented major changes in a short span. Justice Lalit revitalized Constitution Bench activity in his brief tenure, listing 25 long-pending cases.
Justice Khanna currently faces both challenges and opportunities in his tenure as CJI. It is up to him to carry forward the legacy of the Chandrachud Court while addressing its shortcomings and leaving a lasting impact on the institution during his time at the helm.
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