Justice Sanjiv Khanna, soon to be the next Chief Justice of India, is a strong advocate for personal liberty and has a remarkable ability to cross-examine lawyers from memory. Though he surpassed 32 senior judges to reach the top position, his journey reflects a humble beginning starting his practice at Tis Hazari Court, despite his father being a sitting judge in the Delhi High Court.
New Delhi: Sanjiv Khanna’s appointment as the 51st Chief Justice of India marks a significant moment, as it is the first time in nearly two decades that a judge from the Delhi High Court will assume this prestigious position.
The last individual from this court to hold the title was Justice Y. K. Sabharwal, who completed his term in 2006. Outgoing Chief Justice D. Y. Chandrachud expected to step down on November 10.
Justice Khanna’s unexpected elevation to the Supreme Court in January 2019 garnered considerable attention. At that time, he was ranked 33rd in the all-India seniority list of High Court judges. His appointment not only involved surpassing many senior judges across the country but also three of his colleagues from the Delhi High Court. This move positioned him among the select group of six judges who promoted directly from their respective high courts.
The top court’s collegium, led by Chief Justice Ranjan Gogoi at the time, faced significant backlash from both former and current Supreme Court judges for this decision to supersede others. Critics argued that the collegium should have adhered to a prior resolution from December 2018, which nominated judges for elevation to the Supreme Court but did not include Justice Khanna, prior to the retirement of one of its members.
In January 2019, the collegium underwent a change with the addition of a new member, which led to a reassessment of the earlier resolution. This revised decision included Justice Khanna.
In his autobiography, former Chief Justice Gogoi later defended the collegium’s choice, acknowledging that the new panel revised the December 2018 resolution. He explained that this adjustment was made to establish a clear line of succession following Chief Justice Chandrachud’s retirement, especially as many judges appointed to the Supreme Court at that time were nearing the end of their terms before Chandrachud’s departure.
Justice Sanjiv Khanna’s appointment as the next Chief Justice of India, while initially controversial, has been followed by a notable tenure over the past five years on the Supreme Court bench. Known for handling a wide range of cases from civil disputes to matters of constitutional significance.
Justice Khanna’s judicial approach emphasizes,
“The primacy of personal liberty, robust democratic participation, and respect for individual autonomy.”
Despite having only a six-month term as CJI, Khanna “plans to draw out a plan to bring down pendency in the top court,” noting that he has already begun discussions on this front.
A lawyer from the Delhi High Court, who observed Khanna’s career both as an advocate and later as a judge, describes him as “pragmatic and meticulously prepared.” His decision to start his career in district courts rather than the High Court or Supreme Court reflects “his commitment to building a strong foundation.”