Justice Sanjeev Khanna has written about 117 judgments. He has been involved in 456 benches so far.
Justice Sanjeev Khanna will be the 51st Chief Justice of the Supreme Court. CJI DY Chandrachud has recommended his name to the government. In fact, CJI Chandrachud will retire on 10 November 2024.
The tradition is that the sitting CJI recommends the name of his successor only when he is requested to do so by the Law Ministry.
After CJI Chandrachud, Justice Sanjiv Khanna's name is on the list. Justice Khanna's name is therefore brought forward. However, his tenure will be only for 6 months.
Justice Khanna, 64, will retire on May 13, 2025. As a judge of the Supreme Court, Justice Khanna has written 65 judgments. Meanwhile, he has been involved in about 275 benches.
Justice Sanjeev Khanna will be the 51st Chief Justice of the Supreme Court.
He was a judge in the Delhi High Court for 14 years Justice Sanjeev Khanna was born on 14 May 1960. He studied law from the Campus Law Center of Delhi University. After graduation, he got registered as an advocate with the Delhi Bar Council in 1983. Before becoming a judge of the Supreme Court, he was a judge in the Delhi High Court for 14 years. He was appointed to the Supreme Court in 2019.
There was a controversy over becoming a judge of the Supreme Court There was a huge controversy over Justice Khanna's appointment as a judge of the Supreme Court ignoring 32 judges. On January 10, 2019, the Collegium decided to promote Justice Maheshwari in his place and Justice Khanna to the 33rd place in seniority. After this, the recommendation was signed by President Ram Nath Kovind.
Two cases of making CJI ignoring seniority, both of Indira government In April 1973, AN Ray was appointed CJI, removing three senior judges of the Supreme Court. When Justice Ray retired in 1977, Justice HR Khanna was the most senior. But, Justice MH Baig was selected in his place. Justice Khanna gave judgment against Indira government during Emergency, Justice Sanjeev Khanna is his nephew.
Justice Sanjiv Khanna's father Justice Devraj Khanna was also a judge of the Delhi High Court. His uncle Justice Hansraj Khanna was also a Supreme Court judge. It was a rare coincidence that Justice Sanjiv Khanna began his first day as a judge of the Supreme Court in the same court room from which his uncle, the late Justice H.R. Khanna retired.
recused himself from hearing the same-sex marriage case
A hearing on 52 review petitions on same-sex marriage was scheduled for August 2024. But before the hearing, Justice Sanjiv Khanna recused himself from the case. According to sources, Justice Khanna cited personal reasons behind it.
Justice Khanna's defection will necessitate the formation of a new five-judge bench to hear the review petition. Hearing can be done only after this.
In fact, same-sex marriage was denied legal recognition on October 17, 2023. 52 petitions have been filed in the Supreme Court seeking reconsideration of the decision.
Cases discussed by Justice Sanjiv Khanna
- 100% Verification of VVPAT – In Association for Democratic Reforms v Election Commission of India (2024), Justice Khanna's bench dismissed an ADR plea seeking 100% VVPAT verification of votes cast on electronic voting machines. In the judgement, Justice Khanna wrote that he wanted to place on record all security measures taken by the commission to ensure free and fair elections.
- Electoral Bond Scheme – In 2024, a five-judge bench declared the electoral bond scheme unconstitutional. Justice Khanna agreed and wrote that if donations are made through banking channels, the donors have no right to privacy. The identity of the person and bank officials from whom the bond is purchased is intimately known.
- Abolition of Article 370 – In 2023, Justice Khanna concurred in the decision of a five-judge bench, which upheld the validity of abrogating Article 370. He observed that Article 370 of the Constitution of India was a feature of federalism, not an indication of sovereignty.
- Power of Supreme Court to grant divorce – In 2023, Justice Khanna wrote the majority opinion in the Shilpa Shailesh v. Varun Srinivasan case, which held that the Supreme Court had the power to grant direct divorce under Article 142 of the Constitution. He argued that the Supreme Court can grant divorce on the ground of partial dissolution of marriage to do complete justice.
Image Credit: (Divya-Bhaskar): Images/graphics belong to (Divya-Bhaskar).
