Upholding constitutional ethos hallmark of CJI Sanjiv Khanna tenure

CHIEF Justice of India (CJI) Sanjiv Khanna on Tuesday concluded a brief yet eventful six-month long tenure, leaving an indelible mark on the judicial landscape with decisions that upheld secularism and battled corruption in public employment.

- SANJEEV KUMAR

Some say he lived up to the expectations and the legacy of his illustrious uncle Justice H R Khanna, who had penned his lone dissent in the ADM Jabalpur case during the Emergency.

Justice Khanna, also as a maverick, took some unprecedented decisions.

Some of his directives had the Supreme Court judges disclose their assets whereas the row over the discovery of cash from a sitting judge's official residence paved way for inquiry. His other unheard of decision to open to public collegium records on judge's appointments took everyone by surprise.

A few days before he demitted office, Justice Khanna brought to an end the political debates that ensued after BJP MP Nishikant Dubey held the CJI responsible for "civil wars" in the country.

In a befitting reply, the CJI said the Constitution was most supreme.

While the BJP lawmaker was spared of contempt action, CJI Khanna schooled the lawmaker, who was accused of scandalising and lowering the SC's authority.

"It is the Constitution that is higher than all of us. It is the Constitution which imposes limits and restrictions on the powers vested in the three organs. The power of judicial review is conferred by the Constitution on the judiciary," he said.

CJI Khanna, who took oath as the 51st CJI on November 11, 2024, when faced with legal challenges and political headwinds rose to defend constitutional values.

He delivered a landmark verdict just after becoming the CJI and trashed the pleas challenging the 1976 amendment to the Constitution adding terms "socialist", “secular" and "integrity" to the preamble, observing Parliament's amending power extended to Preamble too.

He said terms like "socialist" and "secular" were "integral to the Preamble making the "prayers particularly questionable".