CJI D.Y. Chandrachud and Justice Sanjiv Khanna are linked by a significant legal history tied to the ADM Jabalpur case. In 1976, their respective family members, former CJI Y.V. Chandrachud and Justice Hans Raj Khanna, were part of the five-judge Constitution bench that passed the controversial verdict. This case remains a pivotal moment in India’s judicial history.
Justice Sanjiv Khanna, soon to assume the role of Chief Justice of India, and the current CJI D.Y. Chandrachud, whom he will succeed, share an intriguing connection to the historic ADM Jabalpur case from the 1970s.
CJI Chandrachud’s father, former CJI Y.V. Chandrachud, was part of a five-judge Constitution bench that delivered the ADM Jabalpur verdict in 1976.
In the context of the Emergency, the court, by a 4:1 majority, upheld a presidential order that prevented anyone detained or arrested from seeking relief through habeas corpus or other writs in the high courts.
The sole dissenting voice on that bench was Justice Hans Raj Khanna, the uncle of Justice Sanjiv Khanna.
In his memorable dissent, Justice Khanna asserted,
“What is at stake is the rule of law… the question is whether the law speaking through the authority of the Court shall be absolutely silenced and rendered mute.”
Justice Khanna’s dissent is widely regarded as a courageous and self-sacrificial act. Many believe it cost him the position of Chief Justice, as he was superseded by Justice M.H. Beg, who was junior to him, when the Indira Gandhi government appointed Beg as CJI in 1977.
In 2017, the Supreme Court delivered its landmark judgment on privacy rights, and the current CJI, D.Y. Chandrachud, authored a separate concurring opinion in which he explicitly overruled the ADM Jabalpur decision.
Chandrachud wrote,
“The judgments rendered by all the four judges constituting the majority in ADM Jabalpur are seriously flawed. Life and personal liberty are inalienable to human existence.”
He also paid homage to Justice H.R. Khanna, stating,
“The view taken by Justice Khanna must be accepted, and accepted in reverence for the strength of its thoughts and the courage of its convictions.”
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In light of this historical backdrop, Justice Sanjiv Khanna’s elevation to the Chief Justice position feels like a moment of poetic justice.
Their connection to this historic case adds a unique dimension to their tenure, symbolizing not only the complexity of judicial legacy but also the progress in the interpretation of fundamental rights in India.
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