A Steady Hand at the Supreme Court’s Helm

With a judicial career spanning decades and a reputation for pragmatism and independence, Justice Sanjiv Khanna’s ascent to the top job comes at a time when the Indian judiciary is grappling with questions of institutional autonomy, case backlog and the balance of power between the executive and the judiciary.

A scion of a distinguished legal family, Khanna’s legacy is shaped in part by the activism of his late uncle, Justice H.R. Khanna, a towering figure in Indian legal history. H.R. Khanna’s courageous dissent in the infamous ADM Jabalpur case during the Emergency, which upheld the right to life even in the face of arbitrary government action, left an indelible mark on India’s judicial landscape. Justice Sanjiv Khanna, born in 1960, has charted his own course, marked by both continuity and reform.

Khanna’s judicial journey began in the Delhi High Court, where he was elevated to the Supreme Court in 2019. In his short tenure on the apex court, he has already presided over several landmark rulings. Notably, he was part of the bench that struck down the controversial electoral bonds scheme, a key plank of the ruling government’s electoral strategy, on the grounds that it threatened transparency in political funding. He also upheld the government’s decision to abrogate Article 370, which granted special status to Jammu and Kashmir, a contentious move that was deeply polarizing but affirmed the court’s deference to the political branches in matters of national integrity.

Khanna’s jurisprudence is marked by a steady, no-nonsense approach to constitutional interpretation. He has repeatedly defended the robustness of the Indian electoral system, most recently by affirming the use of electronic voting machines (EVMs) against allegations of tampering, while also pushing back against calls to return to paper ballots. His balanced approach to such high-stakes issues has earned him respect across ideological divides.

As Chief Justice, Khanna inherits an institution under considerable pressure. The Supreme Court, which has long been a crucial check on executive power, now faces heightened scrutiny for its role in contentious matters such as electoral integrity and economic reforms. Khanna has already signalled a commitment to greater transparency and efficiency within the court.

Acknowledging the growing demand for urgent hearings, he has called for the curbing of ‘oral mentioning’ - a practice where lawyers bypass formal filing procedures to seek expedited hearings. The system, often abused, has led to long delays and frustrations, with cases sometimes stretching late into the day. Khanna’s attempt to regularize this practice is an early sign of his intent to reform administrative practices without undermining the fundamental principle of judicial independence.

Khanna’s vision for the judiciary is anchored in accessibility and efficiency. In his first remarks as Chief Justice, he emphasized the importance of equal treatment and fair access to justice for all, irrespective of wealth or status. Khanna has made it clear that one of his key priorities will be to ensure that the judicial process is less burdensome and more responsive to the needs of ordinary citizens. His advocacy for mediation and efforts to streamline criminal case management reflect this citizen-centric approach.

Furthermore, Khanna’s tenure as Chief Justice will coincide with key vacancies in the Supreme Court, raising questions about his approach to judicial appointments. The Khanna Collegium, which he now heads, will play a decisive role in selecting new judges.

Khanna’s tenure also promises to be marked by a continued focus on constitutional jurisprudence. As the court grapples with critical issues like the use of the Money Bill route to pass contentious laws such as the Prevention of Money Laundering Act (PMLA), many will look to Khanna’s leadership in handling such cases. His pragmatism, combined with his deep understanding of constitutional principles, suggests that he may take a measured approach to these thorny issues, always mindful of the need to protect both the letter and the spirit of the Constitution.

As he embarks on his term, which runs until May 2025, much will depend on how effectively he can navigate the tensions between the different branches of government, while ensuring that the Supreme Court remains the ultimate guardian of the country’s constitutional democracy.