Why the controversy over Justice Sanjiv Khanna’s elevation to SC?

Prameyanews English

Published By : Sanjeev Kumar Patro | November 11, 2024 4:02 PM

Why the controversy over Justice Sanjiv Khanna’s elevation to SC?

Bhubaneswar: Law genes run in the family of the fifty-first Chief Justice of India Justice Sanjiv Khanna. Hans Raj Khanna, his uncle, was a former judge of the Supreme Court. His father Dev Raj Khanna was a judge in the Delhi High Court. 

Born on May 14, 1960, Justice Khanna graduated with an LLB degree from Delhi University in 1983. After practicing in Delhi High Court for almost 23 years, he was elevated to an Additional Judge in 2005. In Feb 2006, he was made a Permanent Judge. 

The then Chief Justice of India Rajan Gogoi-led collegium on 10 January 2019, recommended Justice Khanna for elevation to the Supreme Court along with Justice Dinesh Maheswai. (View the Collegium resolution).



THE CONTROVERSY

The controversy had arisen then was at that time, Justice Khanna had been ranked at 33 in the combined seniority list of High Court judges and Justice Maheshwari ranked 21. The resolution noted that Justices Khanna and Maheshwari were “more deserving and suitable in all respects than other Chief Justices and senior puisne Judges of High Courts, for being appointed as Judges of the Supreme Court of India.” (View the Image below)


Justice Khanna’s recommendation sparked big debate. It was then reported that  Justice SK Kaul of the Supreme Court (now retired) had written to CJI Gogoi objecting to Justice Khanna’s elevation. Kailash Gambhir, former Chief Justice of the Delhi High Court, also wrote to the President stating that elevating Khanna to the Supreme Court by ignoring 32 other senior judges was “appalling and outrageous”.

However, President Ram Nath Kovind stuck to the collegiums recommendations and had appointed Justice Khanna as a Supreme Court judge. He assumed office on 18 January 2019. 

17 October 2024: CJI Chandrachud wrote to the Union recommending Justice Sanjiv Khanna as the next Chief Justice of India. The Union notified his appointment on 24 October. Justice Sanjiv Khanna took oath as the 51st Chief Justice of India on Monday (November 11).

Justice Sanjeev Khanna will retire as CJI on May 13, 2025.

CJI APPOINTMENT IN INDIA 

The Chief Justice of India is appointed as per the principle of seniority. The incumbent CJI-led colleigum recommends the next CJI name based on seniority. As the superannuation age of CJI and all other 33 Judges in the Supreme Court of India has been fixed at 65 years. The tenure of every CJI depends on how early h/she adorns the top rank of the Apex court of India.   

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