Justice Sanjiv Khanna, the new Chief Justice of India, has made several key decisions during his tenure that give us an idea of his approach to law. Let's take a closer look at his judgments and what they reveal about his style and priorities.
1. Abrogation of Article 370 (2019)
Justice Khanna was part of the bench that upheld the government's decision to revoke Article 370, which gave Jammu and Kashmir special status. This controversial ruling supported the central government's authority to alter the region's autonomy. While many saw this as empowering the central government, Justice Khanna and the other judges backed the move. He asserted that the removal doesn’t challenge India’s federalism. This decision reflects his commitment to the principle of parliamentary authority and governance under the Constitution.
2. Electoral Bonds Scheme (2023)
In 2023, Justice Khanna was involved in ruling against the electoral bonds scheme, which allowed political donations to be made anonymously. The scheme had been criticized for lacking transparency and potentially allowing illegal influence over elections. By striking it down, Justice Khanna talked about fair elections and transparency, ensuring that political funding doesn't undermine democracy.
3. Support for EVMs (2024)
He has also supported the use of Electronic Voting Machines (EVMs) in elections. In a 2024 ruling, he addressed concerns about tampering but decided against reverting to paper ballots. This ruling emphasized the need for modern election methods while also calling for increased safeguards to maintain public trust in the voting process. He supported it but insisted the ED on ensuring fairness and transparency.
4. Central Vista Project (2021)
The most notable one is this. Justice Khanna was the only judge in a three-judge bench to dissent in the Central Vista project case. This project involves rebuilding the Parliament and other government buildings. Justice Khanna raised concerns about the environmental, social, and economic impact of the project, arguing that proper procedures were not followed. He even argued that the government approved the project without completing the procedural requirements. His dissent was also a part of his emphasis on keeping the culture and historic legacy intact. So, this cautious approach to major government projects, stresses the importance of transparency and public accountability, especially for projects funded by taxpayers.
5. Interim Bail for Arvind Kejriwal
In 2024, Justice Khanna’s bench granted interim bail to Delhi Chief Minister Arvind Kejriwal three times for election campaigning during investigations into the Delhi liquor policy case. His decisions, though controversial, emphasized the need for timely justice and fairness, ensuring that the legal process doesn't delay a politician’s right to campaign. So, while this can be taken as a politically inclined ruling, other rulings contradict that, and here, he put more emphasis on the importance of justice delayed as justice denied.
6. RTI and Transparency in Judiciary
He also made significant contributions to judicial transparency. In 2019, he was part of the bench that ruled that the Right to Information (RTI) Act applies to the office of the Chief Justice of India. This judgment reinforced the idea that the judiciary should be open to public scrutiny, a principle that aligns with his broader stance on transparency.
7. Dissent on Sexual Harassment Allegations (2019)
He was part of the bench that took suo motu cognizance of sexual harassment allegations against then CJI Ranjan Gogoi in 2019. His involvement in addressing these serious allegations within the judiciary marked his proactive stance on maintaining the integrity of the judicial system.
8. Marriage and Irretrievable Breakdown (2021)
In another notable judgment, Justice Khanna ruled that an irretrievable breakdown of marriage could be grounds for dissolving a marriage under Article 142 of the Constitution. This decision has had a significant impact on family law, offering a more progressive approach to marriage dissolution based on the practical realities of relationships.
Plus, he also comes from a legacy of judicial integrity - his uncle, Justice H.R. Khanna, famously opposed Indira Gandhi's Emergency policies in 1976 - CJI Sanjiv Khanna is expected to uphold principles of transparency and legal rigor.
Overall, CJI Sanjiv Khanna’s judgments so far show that he values transparency, fairness, and procedural correctness. While his brief tenure as CJI (just six months until May 2025) limits the long-term impact he can make, all these judgments just give us a trailer of where he stands as a CJI - time will tell as he gives his verdicts on future judgments, especially that of the brutal RG Kar Medical r*pe and murder case.
Comments