CJI Chandrachud nominates justice Khanna as successor

Chief Justice of India (CJI) Dhananjaya Y Chandrachud on Wednesday set in motion the process for appointing his successor by recommending justice Sanjiv Khanna, the Supreme Court’s senior-most judge, to the Union government.

Justice Khanna, who is next in line for the role based on seniority, will be eligible to assume the position of CJI upon justice Chandrachud’s retirement on November 10. Justice Khanna is expected to serve until his retirement on May 13, 2025, a tenure of about six months as CJI.

According to people aware of the matter, CJI Chandrachud handed over a copy of the letter to justice Khanna on Wednesday morning.

On October 12, the central government sent a letter to CJI Chandrachud, requesting him to name his successor. Justice Chandrachud took over as the CJI on November 9, 2022.

As a matter of convention, the law ministry writes to the CJI a little over a month before the latter’s retirement, seeking the name of his successor. The incumbent then writes back, sending the recommendation to the ministry.

According to the memorandum of procedure (MoP) which governs the process of appointment and transfer of judges in the constitutional courts, appointment to the office of the CJI should be of the most senior judge of the Supreme Court, considered fit to hold the office.

After the recommendation of the incumbent, the government is expected to soon issue a notification appointing justice Khanna as the next CJI with effect from November 11.

Distinguished career

Justice Khanna has a distinguished legal career, marked by a wealth of experience and significant contributions to India’s judicial landscape. He began his legal journey by enrolling with the Bar Council of Delhi in 1983, practising initially at the Tis Hazari district courts before moving on to the Delhi high court.

Justice Khanna developed a robust practice in various areas, including constitutional law, arbitration, commercial law, company law and criminal law. His roles included serving as senior standing counsel for the Income Tax department and as standing counsel (civil) for the National Capital Territory of Delhi. His expertise also extended to criminal law, where he argued numerous cases as an additional public prosecutor and often served as an amicus curiae to assist the Delhi high court in a raft of important matters.

Justice Khanna was elevated as an additional judge of the Delhi high court in 2005, and by 2006, he became a permanent judge. During his tenure, he also contributed to the Delhi Judicial Academy, Delhi International Arbitration Centre and District Court Mediation Centres.

Justice Khanna’s career trajectory is unique in that he did not serve as the chief justice of any high court before his appointment as a judge in the Supreme Court in January 2019.

Important cases

In the Supreme Court, justice Khanna has made landmark contributions. Notably, he granted interim bail to former Delhi chief minister Arvind Kejriwal, allowing him to campaign during the Lok Sabha elections, underscoring the significance of democratic participation. In another critical ruling involving Delhi’s former deputy CM Manish Sisodia, he emphasised that delays in cases could be a valid ground for bail under the Prevention of Money Laundering Act (PMLA). Justice Khanna currently presides over a bench reviewing various PMLA provisions, an indication of his ongoing influence on matters of significant public interest.

Justice Khanna led a bench that denied the request for 100% Voter Verifiable Paper Audit Trail (VVPAT) verification of votes cast on electronic voting machines (EVMs). The April 2024 judgment acknowledged the measures taken by the Election Commission of India to ensure the accuracy and integrity of elections, asserting that EVMs allow for efficient, accurate, and tamper-proof vote counting.

Justice Khanna also joined a five-judge bench that earlier this year declared the electoral bond Scheme unconstitutional, siding with the view that anonymous donations through electoral bonds violate the public’s right to information, a core element of informed voting. As a part of the five-judge bench, justice Khanna upheld the abrogation of Article 370, determining that this article, though a unique aspect of India’s federal structure, did not imply sovereignty for Jammu and Kashmir.

In Shilpa Sailesh Vs Varun Sreenivasan (2023), justice Khanna wrote the majority opinion for a constitution bench, affirming the Supreme Court’s authority to grant divorces under Article 142 on the grounds of an “irretrievable breakdown of marriage.” He held that enabling the Court to grant such divorces promotes “complete justice” in marital disputes.

Known as the “RTI judgment,” in CPIO, Supreme Court Vs Subhash Chandra Agarwal (2019), justice Khanna’s majority opinion affirmed the right to information as compatible with judicial independence. He said that while transparency is vital, requests to the Chief Justice’s Office under the Right to Information Act must balance public interest with the privacy rights of judges, evaluated on a case-by-case basis.

Justice Khanna’s commitment to accessible justice is further evident in his leadership roles, including his recent service as the chairman of the Supreme Court Legal Services Committee and his current role as the executive chairman of the National Legal Services Authority (NALSA). With a rich background in various areas of law and a dedication to judicial service, justice Khanna is set to retire on May 13, 2025,