Justice Sanjiv Khanna, who joined the Supreme Court bench in January 2019, has been an accused party to many some of the most sensitive decisions coming out of that court during his first six months as India’s 51st Chief Justice. Among those judgments are those dealing with Article 370 and the electoral bonds scheme.
Justice Khanna’s ascent to the Supreme Court is peculiar because he was one of the few directly elevated from a High Court position without having served as Chief Justice of any High Court. Since joining the top court, he had written more than 115 judgments and consolidated his reputation for balanced progressive judgments. This list of notable judgments includes his applications of the Right to Information Act (RTI) to the office of the Chief Justice of India, reflecting where he stands on the question of transparency.
Justice Sanjiv Khanna and a number of controversies ahead!
He was one of the five judges for the bench which held Supreme Court would be able to grant divorce under Article 142 by declaring “irretrievable breakdown” of the marriage. He presented a dissenting opinion as of 2021 in the Central Vista redevelopment case, making arguments that due process was not followed.
Perhaps, however, the most remarkable role played was in the bench that declared unconstitutional the electoral bonds scheme that enabled anonymous donation to political parties. His verdict laid emphasis on transparency as a deterrent to black money in politics.
What major issues will he solve?
Now, as Chief Justice of India, he looks forward to the more major issues that are set to be solved by him. Some of the greatest challenges he would confront include a challenge to the marital rape exception in criminal law and reviewing laws on sedition. His tenure will also involve examining whether the Election Commission Appointments Act is constitutional, as well as a highly contentious Bihar caste census.
Justice Khanna’s elevation to Chief Justice now adds a dynamic force to India’s judicial leadership, and it is hoped that outstanding critical issues are tackled and resolved. In course of his tenure, his judgments will certainly have long-term bearings on both social justice and precedence in law in India.
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