The Business Bytes
New Delhi, November 11, 2024 (TBB Bureau): Justice Sanjiv Khanna was sworn in today as the 51st Chief Justice of India (CJI), bringing with him a legacy of landmark judgments and a commitment to expediting justice delivery in the country. With his tenure set to conclude on May 13, 2025, Justice Khanna aims to leave an indelible mark on the judiciary.
Coming from a family with deep-rooted connections to the judiciary, Justice Khanna is the son of former Delhi High Court judge Justice Dev Raj Khanna and the nephew of the late Justice H.R. Khanna, an iconic Supreme Court judge remembered for his brave dissent during the Emergency in the ADM Jabalpur case. A third-generation lawyer, Justice Khanna brings a wealth of legal knowledge, seasoned through decades of experience in various courts and notable positions, including his role as the executive chairman of the National Legal Services Authority.
Prior to his elevation, Justice Khanna’s judgments on high-profile cases captured national attention. Notably, he upheld the use of electronic voting machines (EVMs) against allegations of tampering, arguing that the technology strengthens electoral integrity by reducing issues like booth capturing and bogus voting. Justice Khanna was also part of a historic bench that ruled the electoral bonds scheme unconstitutional, marking a critical decision in the realm of political financing transparency.
Justice Khanna’s tenure in the Supreme Court included his role on a five-judge bench that endorsed the Centre’s abrogation of Article 370, ending the special status of Jammu and Kashmir, a case with profound implications for Indian federalism. Additionally, he was instrumental in granting former Delhi Chief Minister Arvind Kejriwal interim bail in the excise policy case, allowing him to campaign in the Lok Sabha elections—a ruling that underscored the court’s flexibility to balance legal standards with democratic processes.
In 2021, Justice Khanna was part of the bench that validated the e-voting process for winding up mutual fund schemes, specifically for Franklin Templeton. He also made a notable ruling regarding freedom of speech in a case involving news anchor Amish Devgan, affirming that the right to free speech must respect the fundamental right to life and liberty under Article 21.
Justice Khanna’s ascent to the Supreme Court in 2019 faced controversy, with the Bar Council of India (BCI) and senior judges raising concerns about superseding senior Chief Justices. The BCI criticized the elevation as “whimsical and arbitrary,” expressing worries about potential “demoralization” within the judiciary. Despite these objections, Justice Khanna continued to serve with distinction, upholding principles of justice and equity.
Educated at Delhi University’s Campus Law Centre, Justice Khanna began his legal journey in 1983. His practice spanned civil and criminal law in the Delhi High Court, where he represented the Income Tax Department and served as standing counsel for Delhi’s National Capital Territory. Over the years, Justice Khanna has shown an unwavering dedication to upholding the law and ensuring fair, timely justice—a mission he intends to pursue as India’s Chief Justice.
