New Delhi: On his last day in office, Chief Justice of India Sanjiv Khanna bid farewell to the Supreme Court, marking the end of a distinguished judicial career spanning over three decades. He formally retires on Tuesday. Justice B.R. Gavai is set to take oath as the 52nd Chief Justice of India tomorrow.
Addressing the media and colleagues on his last working day, CJI Khanna made it clear that he would not be taking up any post-retirement government position. “I will not accept any post-retirement post... but perhaps will do something with law,” he remarked, reaffirming his lifelong commitment to the legal field, albeit in a non-official capacity.
Reflecting on the handling of allegations against Justice Yashwant Varma, CJI Khanna emphasised judicial integrity and rational adjudication. “Judicial thinking has to be decisive and adjudicatory. We see plus and minus and decide the issue rationally. Then the future tells you whether what you did was correct or not,” he stated.
Justice Khanna, born on May 14, 1960 and hails from a family with a profound legal legacy. His father, Dev Raj Khanna, served as a judge of the Delhi High Court, while his mother, Saroj Khanna, was a lecturer at Lady Shri Ram College. He is the nephew of legendary Supreme Court Justice HR Khanna, known for his historic dissent in the ADM Jabalpur case during the Emergency and for articulating the Basic Structure Doctrine in Kesavananda Bharati v State of Kerala (1973).
His grandfather, Sarav Dayal, was part of the Indian National Congress Committee that investigated the Jallianwala Bagh massacre in 1919.
Justice Khanna began his judicial journey as an Additional Judge of the Delhi High Court in June 2005 and became a permanent judge in February 2006. He was elevated to the Supreme Court in January 2019 and took over as the 51st Chief Justice of India in November 2024.
Key Judgments Authored by Justice Sanjiv Khanna:
During his tenure, Justice Khanna was part of more than 480 benches. His judgments have significantly shaped Indian constitutional, administrative, and private law.
Key rulings from his time on the bench:
1. RTI & Judicial Independence (2019)
CPIO v Subhash Chandra Agarwal: Held that transparency under RTI applies to the judiciary, subject to public interest concerns.
2. Electoral bonds scheme struck down (2024)
ADR v Union of India: Concurred with striking down the scheme, emphasizing the voters' right to information over donor anonymity.
3. VVPAT verification limitations (2024)
Dismissed the demand for 100% VVPAT verification, citing logistical and operational challenges.
4. Article 370 abrogation upheld (2023)
Supported the abrogation as a constitutional move, while cautioning on the implications of converting states into Union Territories.
5. Irretrievable breakdown divorce under Article 142 (2023)
Authored majority opinion granting Supreme Court power to dissolve marriages directly under Article 142.
6. Arbitrator fee regulation (2022)
Dissented in ONGC v Afcons, upholding arbitrators’ limited rights to fix fees.
7. Arvind Kejriwal bail Order (2024)
Granted interim bail and flagged concerns about the conditions for arrest under PMLA.
8. Hate speech & free speech balance (2020)
Amish Devgan v Union of India: Declined to quash FIRs, upholding the need to probe hate speech allegations.
9. Dissent on Central Vista (2021)
Questioned the procedural lapses in environmental and heritage clearances for the government’s infrastructure project.
10. Court’s power to modify arbitral awards (2025)
Authored the majority opinion that allowed limited modifications under the Arbitration Act and Article 142.
Justice Sanjiv Khanna's tenure may have been brief as the CJI, but his contribution to Indian jurisprudence has been significant and wide-ranging. As he bows out with quiet dignity, all eyes now turn to Justice B.R. Gavai, who will take over the mantle on May 14, becoming the second Dalit Chief Justice in India’s history.
