Meet Justice Sanjiv Khanna and his Notable Judicial decisions
- ByPravleen Kaur --
- 17 Jun 2025 --
- 0 Comments
Justice Sanjiv Khanna, who served as the 51st Chief Justice of India, is recognized for his progressive and nuanced approach to constitutional, civil, and public law. Elevated to the Supreme Court in 2019, he participated in over 480 benches and authored several landmark judgments that have shaped Indian jurisprudence on transparency, federalism, electoral reform, and individual rights.
Judicial Career and Philosophy
Justice Khanna is known for balancing transparency with judicial independence, advocating for democratic accountability, and modernizing legal processes. His judgments reflect a careful consideration of both individual rights and institutional integrity, often navigating contentious political and social issues.
Landmark Judgments
1. Striking Down the Electoral Bond Scheme (2024)
Justice Khanna was part of the five-judge bench that unanimously declared the Electoral Bond Scheme unconstitutional. In his concurring opinion, he emphasized that donor privacy does not extend to anonymous political donations via banking channels, and that the scheme infringed upon voters' collective right to information—a cornerstone of democratic transparency.
2. Article 370 Abrogation (2023)
Justice Khanna authored a concurring opinion upholding the abrogation of Article 370, which had granted special status to Jammu and Kashmir. He clarified that Article 370 was a feature of asymmetric federalism, not sovereignty, and its removal did not undermine India’s federal structure. He also highlighted the need for strong justification when converting a state into a Union Territory, recognizing the gravity of such a move.
3. Divorce Under Article 142 (2023)
In Shilpa Sailesh v. Varun Sreenivasan, Justice Khanna wrote the majority opinion empowering the Supreme Court to grant divorce on the ground of “irretrievable breakdown of marriage” under Article 142. He held that this power to “do complete justice” is not fettered by the doctrine of fault or blame, advancing the law on divorce and providing relief in cases where statutory remedies are inadequate.
4. Right to Information and Judicial Independence (2019)
Justice Khanna authored a key ruling that brought the office of the Chief Justice of India under the purview of the Right to Information (RTI) Act. He stressed that judicial transparency and independence are not mutually exclusive, and that RTI requests must be balanced with the need to protect judicial functioning and privacy.
5. Arbitration Law Reforms
Justice Khanna contributed to clarifying the law on arbitration, holding that appellate courts have limited powers to modify arbitral awards, but the Supreme Court can do so under Article 142 to achieve complete justice. He also clarified that unstamped arbitration agreements are inadmissible but not void ab initio, thus preserving the enforceability of arbitration clauses.
6. Central Vista Project
He was part of the bench that upheld the Central Vista redevelopment project in Delhi, while emphasizing the need for public hearings and adherence to environmental and heritage regulations.
7. Places of Worship Act (2024)
Justice Khanna led a bench that stayed new suits and surveys against existing religious structures under the Places of Worship (Special Provisions) Act, 1991, reinforcing the law’s intent to maintain communal harmony.
Legacy
Justice Sanjiv Khanna’s legacy is marked by a commitment to transparency, constitutional balance, and judicial modernization. His judgments on electoral reform, federalism, RTI, and family law have significantly influenced the direction of Indian law, reinforcing the Supreme Court’s role as a guardian of democracy and individual rights.
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