NEW DELHI, Oct 17: Chief Justice of India (CJI) D. Y. Chandrachud has formally initiated the process of selecting his successor by recommending the name of Justice Sanjiv Khanna, the most senior judge following him, to the Union Law Ministry. This crucial recommendation marks a significant step in the transition of leadership within the Indian judiciary.
CJI Chandrachud submitted a letter to the Union Law Ministry on Wednesday, proposing Justice Khanna as his successor. Justice Khanna is poised to become the 51st Chief Justice of India on November 11, succeeding CJI Chandrachud, who will retire a day earlier on November 10, 2024. Justice Khanna, who was appointed to the Supreme Court on January 18, 2019, has a projected tenure of just over six months before his own retirement on May 13, 2025.
Justice Khanna has had a distinguished career in law, beginning with his elevation as an additional judge of the Delhi High Court in 2005, followed by his confirmation as a permanent judge in 2006. Born on May 14, 1960, he completed his legal education at the Campus Law Centre of Delhi University.
His contributions to the judiciary include several landmark judgments. Notably, he upheld the use of Electronic Voting Machines (EVMs) in elections, affirming their security and effectiveness in preventing electoral fraud. He was also a member of the five-judge bench that declared the electoral bond scheme unconstitutional, arguing against the opaque funding of political parties. Additionally, Justice Khanna played a pivotal role in upholding the Centre’s 2019 decision to abrogate Article 370, which previously granted special status to the erstwhile state of Jammu and Kashmir.
Justice Khanna’s judicial lineage is noteworthy; he is the nephew of former Supreme Court Justice H. R. Khanna, who is renowned for his dissent in the landmark ADM Jabalpur case during the Emergency in 1976, where he argued that even the fundamental right to life could not be suspended. Justice H. R. Khanna’s stance ultimately led to his supersession and resignation, a pivotal moment in the history of the Indian judiciary.
As the senior-most judge, Justice Khanna currently serves as the executive chairman of the National Legal Services Authority (NALSA). He has also granted interim bail to prominent figures, including former Delhi Chief Minister Arvind Kejriwal, amid ongoing legal controversies.
The appointment process for the new Chief Justice follows established protocols. Recently, the Centre reached out to CJI Chandrachud, requesting his recommendation for a successor. This aligns with the Memorandum of Procedure (MoP), which governs the appointments and transfers of judges within the high courts and the Supreme Court. The MoP stipulates that the outgoing CJI’s views should be sought “at an appropriate time,” although it does not specify a timeline for this process.
With CJI Chandrachud’s retirement approaching, the legal community and the public are now closely watching the developments surrounding Justice Khanna’s anticipated appointment and the implications it will have for the future of the Supreme Court of India.