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Reading: From article 370, electoral bonds to EVMs: CJI-designate Sanjiv Khanna was part of landmark verdicts
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Westferry Times > Law and Articles > From article 370, electoral bonds to EVMs: CJI-designate Sanjiv Khanna was part of landmark verdicts
Law and Articles

From article 370, electoral bonds to EVMs: CJI-designate Sanjiv Khanna was part of landmark verdicts

Anjali Yadav
By Anjali Yadav Published October 25, 2024
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CJI-Designate Sanjiv Khanna: A Legacy of Landmark Verdicts Ahead of His Tenure

New Delhi, Oct 24 (PTI) — Justice Sanjiv Khanna, the senior-most judge of the Supreme Court, is poised to take office as the 51st Chief Justice of India (CJI) on November 11, following the retirement of incumbent CJI D Y Chandrachud. As he prepares to assume this pivotal role, Khanna’s judicial career has been marked by a series of landmark judgments that have shaped the Indian legal landscape, including significant rulings related to electoral bonds, the abrogation of Article 370, and the use of Electronic Voting Machines (EVMs).

Born on May 14, 1960, Khanna comes from a distinguished family in Delhi, being the nephew of the late former Supreme Court judge H R Khanna. His educational background includes a law degree from the Campus Law Centre at Delhi University. Khanna’s judicial journey began when he was appointed as an additional judge of the Delhi High Court in 2005, later becoming a permanent judge in 2006. He ascended to the Supreme Court on January 18, 2019, and has since been an influential voice in crucial constitutional matters.

One of Khanna’s significant contributions came through his involvement in the landmark case concerning the abrogation of Article 370, which conferred special status on Jammu and Kashmir. In 2019, as part of a five-judge bench, Khanna upheld the Centre’s decision to revoke this status, underscoring the judiciary’s role in balancing state autonomy and national integrity. This ruling has far-reaching implications for governance and human rights in the region, marking a critical juncture in India’s constitutional history.

Justice Khanna has also been integral in shaping the discourse around electoral integrity in India. He played a crucial role in upholding the use of EVMs in elections, affirming their security and effectiveness in eliminating booth capturing and bogus voting. His judgments reflect a commitment to ensuring free and fair elections in the world’s largest democracy, reinforcing the importance of trust in the electoral process.

In a highly significant ruling concerning political funding, Khanna was part of the five-judge bench that declared the electoral bond scheme unconstitutional. The scheme, designed for funding political parties, faced criticism for promoting opacity and potentially facilitating corruption. The ruling has been lauded by advocates of electoral reform, as it aligns with the broader goal of enhancing transparency in political financing.

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Beyond these high-profile cases, Justice Khanna has demonstrated his commitment to justice in various contexts. Notably, he granted interim bail to Delhi Chief Minister Arvind Kejriwal, allowing him to campaign during the Lok Sabha elections amid allegations linked to the Delhi excise policy scam. This decision highlighted Khanna’s awareness of the political dynamics at play and his sensitivity to the rights of individuals in the political arena.

As Khanna prepares to take the helm of the Indian judiciary for a little over six months, with a retirement date set for May 13, 2025, he faces the challenge of leading the Supreme Court through pressing national issues. His judicial tenure will likely focus on a range of topics, including social justice, civil liberties, and the implications of technology in law.

Khanna’s leadership comes at a crucial time, as the Supreme Court grapples with numerous challenges that reflect broader societal changes and demands for justice. His approach to these issues will be closely watched, given his extensive experience and established record in handling complex legal matters.

Justice Khanna’s ascent to the role of CJI is also significant in the context of family legacy, as his uncle H R Khanna was known for his pivotal role in establishing the basic structure doctrine in the Kesavananda Bharati case of 1973, which fundamentally shaped constitutional law in India. As the new CJI, Sanjiv Khanna is expected to uphold this legacy of judicial integrity and constitutional fidelity.

As he steps into this prestigious role, the legal community and the public alike await Justice Khanna’s approach to the Supreme Court’s future, especially in light of his history of landmark judgments that have influenced India’s legal landscape.

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