Justice Sanjiv Khanna, newly appointed as India’s 51st Chief Justice, has had a significant impact on the judiciary since joining the Supreme Court in 2019. His tenure is marked by key rulings on transparency, individual rights, and contentious issues like marital rape. Facing critical constitutional challenges, his leadership may shape Indian law and societal norms.
New Delhi: Since his elevation to the Supreme Court in January 2019, Justice Sanjiv Khanna has played a pivotal role in shaping India’s judicial landscape. Known for his strong stances on transparency, independence, and social issues, he has authored over 115 judgments, addressing cases that touch nearly every aspect of Indian law. Now, as he takes on the role of India’s 51st Chief Justice, Justice Khanna faces a six-month term filled with critical constitutional challenges, including the constitutionality of sedition and the contentious issue of marital rape.
Justice Khanna, who hails from a distinguished family of lawyers, has had an impressive legal journey, starting with an LLB degree from Delhi University in 1983. He practiced law for 23 years before his elevation to the Delhi High Court as an Additional Judge in 2005, followed by his appointment as a Permanent Judge in 2006. His commitment to judicial accountability was apparent in his early landmark ruling on the Right to Information (RTI) Act’s applicability to the Chief Justice of India’s office, asserting that judicial independence does not preclude the right to information.
In 2021, Justice Khanna made headlines with his dissent in the Central Vista project case. This controversial project, aimed at redeveloping Lutyens’ Delhi, raised questions about procedural lapses. Justice Khanna held that required processes had not been followed, drawing attention to the need for accountability even in high-stakes projects. His commitment to individual rights and judicial discretion was further reflected in a judgment where he argued that the Supreme Court could exercise its powers under Article 142 of the Constitution to grant divorces on the grounds of an “irretrievable breakdown” of marriage.
Justice Khanna’s contribution to some of India’s most politically sensitive cases has solidified his standing as a progressive judge. Notably, he was part of the bench that upheld the abrogation of Article 370, ending Jammu and Kashmir’s special status. He also delivered a concurring judgment striking down the electoral bond scheme that allowed anonymous donations to political parties. “Curtailing black money in the electoral process,” Justice Khanna stated, “had no connection or relationship with concealment of the identity of the donor.”
This year has been especially significant for Justice Khanna, as he presided over cases concerning elections, bail, and personal liberty. In a case that garnered national attention, Justice Khanna’s bench rejected a petition demanding 100% verification of votes via Voter Verifiable Paper Audit Trail (VVPAT), ruling it impractical.
Moreover, he handled high-profile bail applications involving former Delhi Chief Minister Arvind Kejriwal and AAP leaders Manish Sisodia and Sanjay Singh in the Delhi liquor policy case. In an unprecedented decision, Justice Khanna’s bench granted Kejriwal temporary bail to campaign in the Lok Sabha elections, emphasizing the need for balanced judicial intervention.
Key Cases Awaiting CJI Sanjiv Khanna’s Attention
As Justice Khanna steps into his role as Chief Justice, he faces a docket of crucial cases poised to have significant societal impact. Among the first are petitions challenging the marital rape exception in Indian criminal law. The debate around marital rape has gained momentum in India, and the Supreme Court’s ruling under CJI Khanna could shape the nation’s approach to sexual consent within marriage.
Additionally, the brutal rape and murder of a woman trainee doctor at Kolkata’s RG Kar Medical College has led the Supreme Court to establish a national task force to devise safety protocols for healthcare workers. Justice Khanna’s leadership will be instrumental in determining the legal safeguards that could protect professionals in this sector.
Justice Khanna is also expected to address pressing issues like the constitutionality of the Election Commission Appointments Act, the validity of the Bihar caste census, and the “need and necessity” of arrests under the Prevention of Money Laundering Act (PMLA). The upcoming sessions could witness historic decisions that will influence Indian governance, civil liberties, and social justice.
A Legacy Rooted in Transparency and Justice
Justice Khanna’s career, marked by groundbreaking rulings and unwavering dedication to judicial transparency and accountability, positions him uniquely as a Chief Justice who advocates for both independence and public scrutiny. His balanced approach is evident in his handling of cases related to individual freedoms, administrative oversight, and electoral integrity. From upholding the Right to Information Act’s application to the judiciary to ensuring judicial discretion in marital dissolution, his rulings reflect a nuanced understanding of the complex issues India faces.
Justice Khanna’s term as Chief Justice, albeit brief, promises to leave a lasting impact. His commitment to safeguarding constitutional values, coupled with his openness to dissenting opinions when required, reflects a judicial philosophy focused on justice, fairness, and accountability. As he takes on cases that will shape India’s future, Justice Khanna continues to embody a legacy of integrity and courage, championing transparency and independence within the judiciary.
In the coming months, all eyes will be on Justice Sanjiv Khanna as he leads the Supreme Court through a range of cases that hold critical implications for Indian law and society.
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