INTRODUCTION
Justice Sanjiv Khanna took oath as the 51ST Chief Justice of India (CJI) on November 11, 2024 and now he has officially retired as the 51st Chief Justice of India (CJI) on May 13th 2025, after a tenure highlighted by major judicial contributions and a firm commitment to judicial independence. On his last day of work, Justice Khanna made a significant announcement that he will not accept any official post-retirement roles, emphasising his commitment to the judiciary’s independence and integrity.
He did, however, declare an intention to remain engaged in the field of law with some of his plans referred to as “third innings”. Justice Khanna’s uncle was Hans Raj Khanna who introduced the basic structure doctrine in 1973, forming the base of the Indian Constitution.
A LEGACY OF INTEGRITY
Born on May 14, 1960, Justice Khanna hails from a distinguished legal lineage.Who served as the 51ST CJI from 11 November 2023 to 13th May,2025. He is the son of former Delhi High Court judge Justice Dev Raj Khanna and the nephew of the esteemed Justice H.R. Khanna, known for his principled stand during the Emergency period as well as for the Doctrine of Basic Structure. Justice Khanna the ex-officio Patron in Chief of the National legal service authority and the de facto chancellor of National Law School of India, University.
TRANSITION IN THE JUDICIARY
Justice Bhushan Ramkrishna Gavai succeeded Justice Khanna and is now set to assume the role of the 52nd Chief Justice of India on May 14, 2025. Justice Gavai’s appointment is historic, as he becomes the First Buddhist and the Second Dalit CJI after Justice KG Balakrishnan who retired as CJI in 2010.
REFLECTING ON JUSTICE KHANNA’S TENURE
Justice Khanna succeeded Justice D.Y. Chandrachud who twisted the Master of Roster Powers. Justice Khanna’s tenure, though brief, was impactful. He was instrumental in several landmark judgments that have left a lasting imprint on India’s legal landscape:
- Electoral Bonds Scheme: He was part of the five-judge bench which declared the electoral bond scheme unconstitutional and offered the theories to reach the same conclusion; the struck down of electoral bonds maintained the system’s transparency.
- Abrogation of Article 370: Justice Khanna contributed to the verdict upholding the Centre’s 2019 decision to abrogate Article 370, which granted a special status to Jammu and Kashmir, the country’s only Muslim majority state.
- Interim Bail for Arvind Kejriwal: Justice Khanna was the head of the bench that granted 21 days interim bail to then Delhi Chief Minister Arvind Kejriwal, allowing him to campaign during the 2024 Lok Sabha elections as he was a ‘national leader’ the judgement lacked legal reasoning as to who can be decided as the ‘national leader’.
UPHOLDING JUDICIAL INDEPENDENCE
Justice Khanna’s decision of not getting any post-retirement benefits or the government positions highlights a wider discussion regarding the significance of judicial independence in India. His position matches an increasing belief that retired judges ought to refrain from roles that could undermine the perceived impartiality of the judiciary.
ABOUT THE AUTHOR
Nitya Jain is a law student at Symbiosis Law School, Pune, and an emerging legal writer with a keen interest in constitutional and contract law. Backed by a strong academic foundation, she actively engages with contemporary legal issues through research, writing, and participation in moot court competitions. A certified legal researcher by Manupatra, Nitya aims to contribute valuable insights on pressing legal matters through her work.