JUSTICE SANJIV KHANNA’S APPOINTMENT AS THE 51ST CJI AND THE APPOINTMENT PROCESS OF A CJI
The Centre has notified the appointment of Justice Sanjiv Khanna as the 51st Chief Justice of India. He will assume office on 11 November 2024 and will serve for nearly seven months until 13 May 2025. The outgoing CJI DY Chandrachud had recommended the name of Justice Khanna as his successor.
JUSTICE SANJIV KHANNA’S JOURNEY
Early Life
Justice Sanjiv Khanna was born 14 May 1960. He is the son of Delhi High Court Judge Dev Raj Khanna. His mother, Saroj Khanna, worked as a lecturer at Lasy Shri Ram College, Delhi.
Educational Background
He pursued his school education at Delhi’s Modern School in 1977 and graduated from St Stephen’s College, Delhi University in 1980. He then completed his graduation in law from Delhi University’s Campus Law Centre of the Faculty of Law.
Career
He enrolled with the Bar Council as an advocate in 1983. He then commenced his practice at the district courts at the Tis Hazari Complex. Later, he established a practice in the Delhi High Court and tribunals. He served as the Counsel for the National Capital of Delhi in 2004 after working as the Senior Standing Counsel for the Income Tax Department. In 2005, he was made the additional judge of the Delhi High Court and subsequently was elevated to a permanent judge in 2006. Justice Khanna was upraised to a Supreme Court Judge on 18th January 2019.
NOTABLE JUDGMENTS BY JUSTICE KHANNA
In 2019, Justice Khanna wrote the lead judgment which held that RTI applies to the office of the CJI. His judgment in Amish Devgan v. Union of India is notable for emphasizing the need to regulate hate speeches. He also dissented from the 2-judge majority to hold that requisite processes were not followed for the Central Vista project. He wrote the judgment on behalf of the constitutional Bench which held that irretrievable breakdown can be a ground for the Supreme Court to dissolve marriage invoking powers under Article 142 of the Constitution.
Justice Khanna has dealt with politically sensitive matters regarding the application for bail of AAP leaders Arvind Kejriwal, Manish Sisodia, and Sanjay Singh in the liquor policy case. He was a part of the bench that dealt with the EVM-VVPAT matter. The judgment refused the plea for 100% VVPAT verification and directed ECI to introduce further safeguards. He was a part of the Constitution Bench decisions in Article 370 and Electoral Bonds cases. In this case, he penned a separate but concurring opinion on how the anonymous scheme violated Constitutional rights.
CJI APPOINTMENT PROCESS IN INDIA
The process for appointing the Chief Justice of India (CJI) is outlined in Article 124 of the Indian Constitution. This process has been put down in the ‘Memorandum of Procedure for the Appointment of Supreme Court Judges’. The process is laid out in the following points:
1. Recommendation
The outgoing CJI recommends the senior most judge of the Supreme Court for the position. In this case, CJI DY Chandrachud recommended Justice Sanjiv Khanna who was the senior most judge.
2. Consultation
The Union Minister of Law, Justice, and Company Affairs consults with the CJI and other judges of the Supreme Court and High Courts.
3. Approval
The Union Minister further presents the recommendation to the Prime Minister, who advises the President on the appointment.
4. Appointment
The President appoints the CJI. The CJI serves until they are 65 years old or are removed.
OBSERVATION
In conclusion, Justice Sanjiv Khanna’s appointment as the 51st Chief Justice of India reflects judicial integrity, with his tenure expected to bring significant contributions to the judiciary. His career, marked by landmark judgments and commitment to upholding the principles of accountability, responsibility, and judicial independence emphasizes constitutional values. His judicial philosophy and depth of experience are likely to guide him as he assumes the role, serving as an influence to many lawyers, junior judges, law students and society.
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