CJI Sanjiv Khanna bids farewell after delivering landmark judgments in his tenure


Daijiworld Media Network- New Delhi

New Delhi, May 13: Chief Justice of India (CJI) Sanjiv Khanna, the 51st head of the Indian judiciary, demits office on Tuesday, May 14, upon reaching the retirement age of 65, concluding a brief but eventful six-month tenure at the helm of the Supreme Court. Known for his judicious reasoning and balanced interpretations of law, Justice Khanna leaves behind a legacy marked by pivotal judgments on issues ranging from constitutional interpretation to electoral transparency.

Justice Khanna took charge as the Chief Justice on November 11, 2024. He will be succeeded by Justice B.R. Gavai, the senior-most puisne judge of the Supreme Court, who will be sworn in as the 52nd CJI.

During his tenure, Justice Khanna contributed to several path-breaking verdicts. His judicial journey in the apex court, which began in January 2019 after serving in the Delhi High Court, was marked by a reputation for fairness, clarity, and an unwavering commitment to constitutional values.

1. Article 370 Abrogation:

Justice Khanna was a part of the five-judge Constitution Bench that upheld the Union Government’s decision to revoke Article 370, asserting that the provision was transitional in nature. He remarked that the move reinforced the idea of equality, granting residents of Jammu and Kashmir the same rights as citizens elsewhere in India.

2. Electoral Bonds Scheme:

In a significant blow to opaque political funding, a Constitution Bench, including Justice Khanna, unanimously struck down the controversial electoral bonds scheme. In his concurring opinion, Justice Khanna emphasized that the scheme failed the test of proportionality and highlighted how the majority of donations went to ruling parties, raising concerns about transparency and fairness in the democratic process.

3. EVM-VVPAT Tally Case:

Leading a Bench with Justice Dipankar Datta, Justice Khanna ruled against a plea for 100% VVPAT verification, calling such measures impractical and prone to misuse. The Bench upheld the integrity of the current electronic voting system while underlining the importance of voter trust.

4. Places of Worship Act:

Justice Khanna presided over a special Bench that ordered a freeze on new suits under the Places of Worship Act and restrained courts from passing final orders in pending cases. The decision came amid national debates over religious structures and communal harmony.

5. Waqf Act Hearings:

In the hearings challenging the Waqf (Amendment) Act, 2025, the Justice Khanna-led Bench extracted assurances from the Centre that no de-notification of ‘waqf by user’ properties or inclusion of non-Muslims in Waqf Boards would take place. The case was subsequently passed on to the incoming CJI's Bench for further proceedings.

6. Remarks on Judiciary by MP Dubey:

A PIL against BJP MP Nishikant Dubey’s controversial remarks on the judiciary was not entertained for contempt, but the Bench strongly condemned his words as “irresponsible” and “disruptive to justice.” Justice Khanna reiterated that hate speech must be dealt with firmly to preserve harmony in a multi-cultural society.

7. Interim Bail to Arvind Kejriwal:

Justice Khanna granted interim bail to former Delhi CM Arvind Kejriwal in the ED's liquor policy probe, citing the primacy of the right to liberty. He also diplomatically urged Kejriwal to consider stepping down from his post, while acknowledging the legal complexities of directing an elected official’s resignation.

8. Article 370 Review Petitions Dismissed:

Justice Khanna joined the majority in rejecting review petitions filed against the SC's Article 370 verdict, reaffirming the court’s earlier stance.

Born in May 1960, Justice Khanna graduated in law from Delhi University and began his legal practice in 1983. His areas of expertise spanned taxation, commercial law, environmental issues, and medical negligence, before his elevation to the Delhi High Court and later the Supreme Court.

As he prepares to step down, the legal fraternity acknowledges Justice Sanjiv Khanna's contributions to upholding the Constitution, fortifying democracy, and steering the judiciary with dignity during tumultuous times.

Justice B.R. Gavai now takes over the reins, with expectations high to continue the path of judicial prudence and independence laid down by his predecessor.

  

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