With Justice Sanjiv Khanna Sworn In As CJI, Here’s What You Must Know About Him

Justice Sanjiv Khanna took oath as the 51st Chief Justice of India earlier today, succeeding Justice DY Chandrachud. The ceremony, held at Rashtrapati Bhavan, was conducted by President Droupadi Murmu, with Justice Khanna taking the oath in the name of God. He will serve as Chief Justice until 13 May 2025, for a period of six months.

Born in 1960 into an illustrious legal family in Delhi, he is the son of former High Court Justice Dev Raj Khanna and the nephew of the renowned former Supreme Court Justice HR Khanna, who famously dissented from the bench during the Emergency and had to pay a heavy price for it. He studied law at Delhi University’s Campus Law Centre and began practicing law with the Delhi Bar Council in 1983.

Justice Khanna’s journey to the Supreme Court began with his elevation from the Delhi High Court in January 2019. One of his landmark rulings came shortly after his elevation when he authored a judgment extending the Right to Information (RTI) Act to the office of the Chief Justice of India.

Among Justice Sanjiv Khanna’s notable judgments in the Supreme Court is his affirmation of the security and reliability of electronic voting machines (EVMs), which he upheld as a means to prevent booth capturing and bogus voting, dismissing calls to revert to paper ballots as “unfounded.”

He was also part of the five-judge bench that deemed the electoral bond scheme for political party funding unconstitutional and participated in the landmark decision to uphold the Centre’s 2019 abrogation of Article 370, which had granted special status to Jammu and Kashmir.

Justice Khanna's judgments also include decisions in family law. Notably, he authored a decision that allowed the irretrievable breakdown of marriage as a valid ground for divorce under Article 142 of the Constitution, thereby empowering the Supreme Court to dissolve marriages without requiring reconciliation in cases where it is deemed impossible.

Justice Khanna had also led a bench that dismissed petitions challenging the appointment of advocate Lekshmana Chandra Victoria Gowri as an additional judge of the Madras High Court, which cited her alleged “hate speeches” against minority communities. The bench noted that it would be presumptive to assume the collegium lacked relevant information about Gowri when recommending her appointment.

In 2021, Justice Khanna dissented in a high-profile ruling on the Central Vista redevelopment project in New Delhi, voicing concerns that procedural norms had not been sufficiently adhered to in this expansive government initiative.

Justice Khanna's role has also involved oversight in politically sensitive cases, including bail applications in the Delhi liquor policy case involving key Aam Aadmi Party leaders such as Arvind Kejriwal and Manish Sisodia. His bench granted interim bail to Kejriwal for election campaigning and referred the matter to a larger bench to examine the necessity for more stringent safeguards under the Prevention of Money Laundering Act (PMLA) to prevent misuse. In another case, his bench raised critical questions to the Enforcement Directorate, which eventually led to the concession of bail to AAP leader Sanjay Singh.

In his new role as Chief Justice, one of the notable cases awaiting his leadership is the challenge to the marital rape exception in India’s criminal law. Justice Chandrachud’s bench had deferred hearings on this matter, leaving it to Justice Khanna to constitute a new bench and take the case forward.

Another significant matter on Justice Khanna’s docket is the suo motu case regarding the alleged rape and murder of a female trainee doctor at Kolkata’s RG Kar Medical College. The National Task Force, established by the Chandrachud-led apex court, is expected to submit a comprehensive protocol for ensuring the safety of doctors. Justice Khanna’s court is likely to oversee the implementation of this protocol.

Justice Khanna’s tenure as Chief Justice also brings a suite of Constitution Bench cases that will shape Indian law on multiple fronts. These include examining the constitutionality of the Election Commission Appointments Act, 2023, which has raised concerns over the independence of election oversight. He will likely oversee hearings on the Bihar caste census, as well as previously unaddressed cases such as challenges to the restitution of conjugal rights and the criminalization of triple talaq.

Additionally, questions around arrest protocols under the PMLA await his attention, as his court may need to interpret the “need and necessity” of arrests under this law to prevent overreach. Justice Khanna’s tenure will also encompass significant financial cases, including the antitrust lawsuit against Google regarding Android’s market dominance and the retrospective taxation dispute concerning e-gaming.

Justice Sanjiv Khanna has previously served as senior standing counsel for the Income Tax department and standing counsel (Civil) for the National Capital Territory of Delhi. He has also served as an additional public prosecutor and amicus curiae in many criminal cases at the Delhi High Court.