Justice Sanjiv Khanna, currently the 51st Chief Justice of India, has garnered attention for his influential rulings that have shaped the legal landscape of India. Hailing from a family of lawyers, Khanna’s career is a testament to his deep legal acumen and commitment to justice. Since his elevation to the Supreme Court from the Delhi High Court on January 18, 2019, he has delivered over 115 judgments, touching upon critical issues such as the Right to Information (RTI), electoral transparency, marriage laws, and more.
Early Legal Journey and Elevation to the Top Court
Justice Khanna’s legal journey began with an LLB degree from Delhi University in 1983. He spent nearly two decades practicing law at the Delhi High Court before being appointed an Additional Judge in 2005 and a permanent judge in 2006. Known for his sharp legal mind, Justice Khanna was elevated to the Supreme Court, bypassing a few conventional steps in the judicial hierarchy, making him one of the rare judges to be appointed to the top court without having served as a Chief Justice in any High Court.
Defining Judgments: From RTI to Article 370
One of Justice Khanna’s early and significant contributions came with his ruling on the applicability of the Right to Information (RTI) Act to the office of the Chief Justice of India (CJI). In 2019, he authored a landmark judgment that upheld the applicability of RTI to the CJI’s office, asserting that judicial independence does not mean a blanket exemption from transparency. This was seen as a bold step towards greater accountability in the judiciary.
Justice Khanna’s judicial acumen was further showcased when he was part of the bench that upheld the abrogation of Article 370, which had granted special status to Jammu and Kashmir. The ruling was a watershed moment in India’s constitutional history, and Khanna’s involvement lent further credibility to the decision.
In 2021, Justice Khanna also wrote the dissenting opinion on the Central Vista project, questioning whether the necessary environmental clearance processes had been properly followed in the redevelopment of New Delhi’s administrative hub. This judgment highlighted his unwavering commitment to due process and transparency in government projects.
Electoral Bond Scheme and Personal Liberty
Among the most politically charged judgments authored by Justice Khanna was his concurrence in striking down the controversial electoral bond scheme. The scheme, which allowed anonymous donations to political parties, was ruled unconstitutional, with Khanna noting that the concealment of donor identities undermined efforts to curb black money in the electoral system.
In 2024, Justice Khanna was involved in several high-profile cases related to personal liberty and elections. In one notable ruling, he was part of a bench that rejected a plea for 100% verification of votes using Voter Verified Paper Audit Trails (VVPAT). This case was significant in the context of electoral transparency and the integrity of the voting system in India.
Arvind Kejriwal’s Bail Orders: A Balancing Act of Justice
Justice Khanna also made headlines for his judgments in politically sensitive cases, particularly involving bail applications in the liquor policy case. In May 2024, he led a bench that granted Delhi Chief Minister Arvind Kejriwal a three-week bail to campaign for the upcoming Lok Sabha elections. This was a rare and unique decision that allowed a sitting politician to temporarily step out of legal proceedings to engage in the democratic process.
Later, in July 2024, Justice Khanna granted interim bail to Kejriwal in an Enforcement Directorate (ED) case, emphasizing that the Delhi CM had already been in custody for over 90 days. These decisions highlighted Justice Khanna’s ability to balance legal processes with considerations of personal liberty and the political ramifications of his rulings.
Future Challenges and Key Cases Under CJI Khanna
As Chief Justice, Khanna is expected to tackle some of the most contentious legal matters in India. Among the prominent cases on his docket are the petitions challenging the marital rape exception in Indian criminal law and the brutal rape and murder case of a trainee doctor in Kolkata, which has led to the formation of a national task force to ensure the safety of healthcare workers.
Additionally, Justice Khanna is likely to lead hearings on significant constitutional issues such as the Election Commission Appointments Act, the legality of the Bihar caste census, and the scope of arrests under the Prevention of Money Laundering Act (PMLA). These cases promise to further define his tenure as the Chief Justice.
