
CJI Sanjiv Khanna retires today: Who's he and who's the next Chief Justice of India
Chief Justice of India (CJI) Sanjiv Khanna will retire on Tuesday, May 13. He will be succeeded by senior Judge Bhushan Ramkrishna (BR) Gavai. Justice Sanjiv Khanna served as the 51st Chief Justice of the Supreme Court of India. He is due to retire on May 13, 2025.
In April this year, CJI Sanjiv Khanna had officially recommended Justice Bhushan Ramkrishna Gavai as his successor, forwarding the proposal to the law ministry as part of the formal appointment process.
Currently, Justice Gavai holds the position of the senior-most judge in the Supreme Court, after CJI Khanna. He now set to assume office as the 52nd Chief Justice of India on May 14, succeeding CJI Khanna, who will retire on May 13.
President Droupadi Murmu will administer the oath of office.
Justice Sanjiv Khanna was elevated to the Supreme Court of India on January 18, 2019. As of May 13, he is the Patron-in-Chief, National Legal Services Authority (NALSA) and Chairperson, National Judicial Academy, Bhopal (NJA).
Justice Khanna has also been the Chairman, Supreme Court Legal Services Committee (SCLSC) from 17th June, 2023 till 25th December, 2023 and Executive Chairman, NALSA from 26th December, 2023 till 10th November, 2024.
After having initially practised in the District Courts of Delhi, he set up his practise primarily in the High Court of Delhi. As an amicus curiae, he assisted the High Court of Delhi in several criminal cases and cases involving issues of public importance.
On June 24, 2005, Justice Khanna was elevated as an Additional Judge of the High Court of Delhi and was made a Permanent Judge on 20th February, 2006.
Whilst a Judge of the High Court of Delhi, he acted as the Chairman/Judge-in-charge, Delhi Judicial Academy (DJA), Delhi International Arbitration Centre (DIAC) and the District Court Mediation Centres.
Justice Sanjiv Khanna was part of 2024 Supreme Court judgement pertaining to the interim bail of former chief minister Arvind Kejriwal while the latter was embroiled in a case under the Prevention of Money Laundering Act.
Justice Khanna was also part of a five-judge bench that declared the controversial electoral bonds scheme unconstitutional due to concerns around transparency of donors and potential for corrupt practices.
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Hans India
4 hours ago
- Hans India
Constitution supreme and highest legal doctrine
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President's Reference by posing 14 questions included broader perspective about 'Judicial Authority under Article 142' and the 'Justiciability of Executive Actions' concerning pending legislation that has not yet become law. This reference has wide ranging 'Constitutional Significance' in view of the fact that the 'Relevant Constitutional Provision' has now opened the door for judicial clarification on the boundaries of Presidential and Gubernatorial discretion. President's Reference was just a day before Justice Bhushan Ramkrishna Gavai's sworn in as the 52nd Chief Justice of India (CJI). The beauty of Indian democracy is, President administered CJI's oath of 'Solemn affirmation of allegiance to the Constitution, upholding the sovereignty and integrity of India, and to uphold the Constitution and laws of India.' In fact, Rashtrapathi's oath of 'Affirmation to faithfully execute the office of President or discharge the functions of the President of India, and to the best of her ability to Preserve, Protect and Defend the Constitution and the Law' while sworn in was administered by CJI. Prime Minister's oath administered by Rashtrapathi, also included 'Solemn affirmation to bear true faith and allegiance to the Constitution of India as by law established, and to do right to all manner of people in accordance with the Constitution and Law.' Hence, Constitution of India, is the Supreme Law and the Highest Legal Doctrine, that outlines country's fundamental political code, structure, procedures, powers, and duties of constitutional bodies. It is binding on the 'Legislative, Executive, and Judicial' branches. The Executive Power despite vested in the President, is exercised on the advice of the Prime Minister and his team. PM is the 'Real Executive Head.' President, though, constitutionally is the Head of the Parliament, or the Legislature, in reality, the PM and Council of Ministers hold the true Legislative Power. As the central legislative body, the Parliament makes laws, represents the interests and aspirations of citizens. It can amend the Constitution. An independent judiciary, headed by the supreme judicial authority, the Supreme Court of India, interprets and upholds the Constitution by way of 'Judicial Review' as a check on the Legislature. Constitution also confers the power of 'Judicial Review' on High Courts. The court has the authority to interpret legislation passed by the Legislature as well as the Constitution. This is the beauty of Indian Parliamentary Democracy. Over a time, 'Judicial Activism and Overreach' and excessive interference in the Legislative and Executive Spheres, has been felt by critiques. 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'Judicial Review' despite being the cornerstone of Indian Constitution, the 'Principle of Presidential Independence' is equally important. This too debatable. Let us analyse the whole gamut from a different angle. Indian Judiciary follows a 'Well-Defined Tiered Structure' from a trial court or single bench, to the Constitution Full Bench of the Supreme Court. Parliament despite tasked with crafting the very laws that the judiciary interprets, follows a relatively flat, one-stage structure, where legislation is passed in a singular process, often marked by hurried debates, political compulsions, and insufficient scrutiny, leading to increasing instances of judicial scrutiny, stays, and even annulments. This philosophical imbalance not only erodes the primacy of Parliament but also triggers debates on 'Judicial Overreach.' An alternate could be reinforcing 'Parliament's own Internal Mechanisms' through a multi-tiered legislative review process. 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'Appellate Function' in the Second Tier is by a 'Joint Legislative Review Panel (JLRP), comprising 'Floor Leaders, Constitutional Experts, Former Speakers, Former Vice Presidents' etc. to where the Bill automatically proceeds. The Third and Final Tier, the 'Constitutional Review Chamber (CRC)' is meant primarily to review bills. CRC provides the 'Final Legislative Seal of Credibility and Consensus.' This Structure honors Constitution and its Enduring Principles as Supreme. Rashtrapathi's reference eventually leads to 'Relook at Separation of Powers, Federal Structure, and Checks and Balances' including the legislative process. The Court's opinion as and when given, may have profound implications and valid concerns about preserving the discretion embedded in the Constitution and avoiding 'Judicial Micromanagement of Executive Timelines' as well as reinforcing the Supremacy of the Constitution. Notwithstanding this, strangely, when timelines are made mandatory for President, nearly a month's silence from the Apex Court feels like a graceful exception, an open-ended adjournment from its own rulebook! Speaking at a felicitation programme organised by 'Bar Council of Maharashtra and Goa' CJI observed that, 'Constitution is Supreme not the Judiciary or Executive,' and the 'Three Equal Pillars-Judiciary, Executive and Legislature' must work together. And hence, it is the 'Constitution, Not Any Single Organ' that provides the 'Framework for India's Democratic Functioning.' Legislature within its limits, Executive with responsibility, and Judicial Review with restraint, ensuring balance rather than dominance shall be the desired outcome.


Hindustan Times
10 hours ago
- Hindustan Times
Democracy without dissent a contradiction: Justice Surya Kant
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India Today
20 hours ago
- India Today
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