Justice Sanjiv Khanna is set to become India’s 51st Chief Justice, following the recommendation of current Chief Justice DY Chandrachud, who is retiring on November 11, 2024. Justice Khanna’s appointment, pending government approval, will mark a brief but significant six-month term, as he is scheduled to retire in May 2025. His legal career is distinguished by several landmark judgments that reflect his commitment to upholding justice and the rule of law.
Legal Career and Rise to Prominence
Justice Khanna began his legal journey in 1983, enrolling as an advocate with the Bar Council of Delhi. His early practice included work in the Tis Hazari District Courts and the Delhi High Court, where he specialized in constitutional law, taxation, and arbitration. His notable roles included serving as the Senior Standing Counsel for the Income Tax Department and the Standing Counsel (Civil) for the National Capital Territory of Delhi in 2004.
In 2005, he was appointed as an additional judge of the Delhi High Court, becoming a permanent judge a year later. Throughout his tenure, Justice Khanna has chaired several important legal bodies, including the Delhi Judicial Academy and the Delhi International Arbitration Centre. His elevation to the Supreme Court on January 18, 2019, further solidified his reputation as a leading jurist.
Currently, Justice Khanna serves as the Executive Chairman of the National Legal Services Authority and is a member of the Governing Council of the National Judicial Academy in Bhopal.
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Justice Khanna’s Landmark Judgments
Justice Khanna has delivered several pivotal judgments that have shaped Indian law:
- Supreme Court’s Power to Grant Divorce (2023): In the case of Shilpa Sailesh vs. Varun Sreenivasan, Justice Khanna affirmed the Supreme Court’s authority under Article 142 of the Constitution to grant divorce on the grounds of “irretrievable breakdown of marriage,” emphasizing the need for “complete justice” between parties.
- Dismissal of VVPAT Verification Plea (2024): Justice Khanna dismissed a plea for 100% verification of VVPAT (Voter Verified Paper Audit Trail) votes, stating that the current safeguards provided by the Election Commission ensured “quick, error-free, and mischief-free counting.”
- Electoral Bond Scheme Declared Unconstitutional (2024): In a significant ruling, Justice Khanna was part of a five-judge Bench that declared the Electoral Bond Scheme unconstitutional. He argued that the principle of donor privacy does not apply to political donations made through banking channels, highlighting the lack of transparency.
- RTI Judgment (2019): One of his landmark judgments established that judicial independence is not at odds with the Right to Information, reinforcing accountability within the judiciary.
- Abrogation of Article 370 (2023): Justice Khanna participated in the five-judge Bench that upheld the abrogation of Article 370, clarifying that its removal did not disrupt India’s federal structure.
As Justice Sanjiv Khanna prepares to assume the role of Chief Justice, the legal community and the public eagerly anticipate his leadership in navigating the challenges ahead, particularly in ensuring justice and transparency within the Indian judicial system.
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