Senior-most Supreme Court judge Sanjiv Khanna is going to take the oath as the 51st Chief Justice of India (CJI) on November 11, following the retirement of incumbent CJI DY Chandrachud.
Justice Khanna has played a pivotal role in several landmark decisions, significantly impacting the Indian judicial landscape, particularly on issues related to electoral bonds and the abrogation of Article 370.
A legacy of judicial excellence
Justice Khanna comes from a distinguished Delhi-based family, being the nephew of the late former Supreme Court judge HR Khanna, renowned for his role in establishing the basic structure doctrine in the landmark Kesavananda Bharati case of 1973.
His judicial career began in 2005 when he was appointed as an additional judge of the Delhi High Court; he was confirmed as a permanent judge the following year and later elevated to the Supreme Court on January 18, 2019.
EVM case verdict
Among his significant decisions, Justice Khanna upheld the integrity of electronic voting machines (EVMs), asserting their security in eliminating booth capturing and bogus voting, thus reinforcing trust in the electoral process.
A historic decision on Article 370
Justice Khanna further made headlines when he participated in the five-judge bench that upheld the Indian government’s 2019 decision to abrogate Article 370, which had granted special status to Jammu and Kashmir. This verdict was a landmark moment in Indian constitutional law, reshaping the political landscape of the region.
Ruling on electoral bonds
In a critical ruling earlier this year, Justice Khanna joined a five-judge bench that declared the electoral bond scheme unconstitutional. The bench ruled that the scheme, which allowed for anonymous donations to political parties, violated the public’s right to information, a core element of informed voting. This judgment reinforces accountability and transparency in political financing.
Bail to Arvind Kejriwal
In addition, Justice Khanna granted interim bail to former Delhi Chief Minister Arvind Kejriwal, allowing him to campaign during the Lok Sabha elections. This decision underscored the significance of democratic participation, affirming the rights of candidates to engage with voters despite legal challenges.
Justice Khanna was also instrumental in a ruling involving former Delhi Deputy Chief Minister Manish Sisodia, where he emphasised that delays in legal proceedings could be considered a valid ground for bail under the Prevention of Money Laundering Act (PMLA).
Currently, Justice Khanna presides over a bench reviewing various provisions of the PMLA, highlighting his ongoing influence on matters of significant public interest related to financial governance and accountability.
Justice Khanna's new role as CJI comes after a recommendation by CJI Chandrachud on October 17, marking a significant leadership transition within the Indian judiciary. He will oversee the extensive judicial system for just over six months, with plans to retire on May 13, 2025.