Justice Sanjiv Khanna Supreme Court Verdicts: A Look At His Judicial Milestones

Chief Justice of India (CJI) DY Chandrachud has proposed Justice Sanjiv Khanna, the Supreme Court's second most senior judge, as his successor in a letter to the Ministry of Law and Justice. Once the government approves this recommendation, Justice Khanna will become the 51st Chief Justice of India, with his tenure anticipated to last for six months, as he is scheduled to retire on May 13, 2025.

Justice Sanjiv Khanna began his tenure as a Supreme Court Judge in the same courtroom where his uncle, the late Justice H.R. Khanna, retired, according to Indian Kannoon. This poignant familial connection underscores his commitment to the judiciary and sets the stage for his impactful rulings.

Key Rulings Reflecting Justice Khanna's Legal Acumen

Electoral Bonds Scheme

In the landmark case Association for Democratic Reforms v. Union of India, Justice Khanna was part of a five-judge Constitution Bench led by Chief Justice Dr DY Chandrachud, which unanimously ruled that anonymous electoral bonds violate the right to information under Article 19(1)(a) of the Constitution. The Court struck down the electoral bonds scheme as unconstitutional, stating that "the right to know is paramount for free and fair elections and democracy." Justice Khanna's concurrence in this decision highlights his dedication to transparency and democratic principles, as provisions of the Representation of the People Act, of 1951, the Companies Act, of 2013, and the Income Tax Act, of 1961, were also deemed unconstitutional.

Article 370 Abrogation

In a pivotal case concerning Article 370 of the Constitution, Justice Khanna, as part of a five-judge Constitution Bench, upheld the Central Government's decision to abrogate the article. The ruling emphasized that Article 370 was transitional and lacked permanent character, affirming that "the abrogation of Article 370 does not negate the federal structure." Justice Khanna's involvement in this decision ensures that citizens in Jammu and Kashmir enjoy the same rights as those in other parts of India.

Validity of Unstamped Arbitration Agreements

Justice Khanna contributed significantly to the Supreme Court's ruling on the validity of unstamped arbitration agreements, addressing the interplay between the Arbitration & Conciliation Act, of 1996, and the Indian Stamp Act, of 1899. The seven-judge bench concluded that while unstamped agreements are inadmissible under the Indian Stamp Act, they are not rendered void ab initio. Justice Khanna emphasized in his concurring judgment that such agreements should not be invalidated based on moral considerations or public policy, reinforcing the principle that justice must remain accessible and fair.

Dissolution of Marriages on "Irretrievable Breakdown"

In Shilpa Sailesh v. Varun Sreenivasan, Justice Khanna was part of the Constitution Bench that established the Supreme Court's discretion to dissolve marriages based on "irretrievable breakdown" without necessitating a second motion for mutual consent, provided the criteria set forth in previous judgments are met. This ruling reflects Justice Khanna's understanding of contemporary societal issues and his willingness to adapt legal frameworks accordingly.

Right to Information for the Chief Justice's Office

In the case, Central Public Information Officer v. Subhash Chandra Agarwal, Justice Khanna's participation in the five-judge Constitution Bench reaffirmed that the office of the Chief Justice of India falls under the Right to Information Act. This landmark decision upholds the notion that "judicial independence and accountability go hand in hand," illustrating Justice Khanna's belief in transparency within the judiciary.

Other Notable Decisions Featuring Justice Khanna

Association For Democratic Reforms v. Election Commission of India: Justice Khanna, along with Justice Dipankar Dutta, rejected petitions for 100% cross-verification of Voter Verifiable Paper Audit Trail (VVPAT) slips with votes cast via Electronic Voting Machines (EVMs), emphasizing the importance of transparency and security in electoral processes.

Bharti Cellular Ltd. v. CIT: Justice Khanna ruled alongside Justice SVN Bhatti that Section 194-H of the Income Tax Act, 1961, does not apply to telecom companies, demonstrating his attention to the nuances of tax liability and corporate governance.

DBS Bank Ltd. v. Ruchi Soya Industries Ltd.: In this case, Justice Khanna referred the issue of minimum value of security interest for dissenting financial creditors to a larger bench, reflecting his commitment to comprehensive legal interpretations.

Manish Sisodia v. CBI: Justice Khanna, alongside Justice SVN Bhatti, denied bail to Aam Aadmi Party leader Manish Sisodia, underlining the importance of upholding the rule of law and ensuring equal treatment and access to justice for all citizens.

These judgments illustrate Justice Sanjiv Khanna's unwavering commitment to upholding constitutional rights, fostering judicial accountability, and addressing significant legal challenges in India. His legacy as a judge is marked by a dedication to justice that resonates deeply within the fabric of the Indian judiciary.