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The appointment of Justice Sanjiv Khanna as the new Chief Justice of India (CJI) has sparked debate and speculation, particularly due to the unusual circumstances surrounding his elevation. Justice Khanna, a highly regarded jurist, became CJI after bypassing 32 senior judges in the Supreme Court hierarchy. This unprecedented leapfrog has drawn comparisons to the controversial circumstances surrounding his uncle, Justice Hans Raj Khanna, who was denied the CJI post in 1977 due to his defiance of the Indira Gandhi government.
Justice Hans Raj Khanna, known for his landmark judgment in the ADM Jabalpur case, was considered a strong contender for the CJI position in 1977. However, his outspoken dissent against the government's actions during the Emergency period, particularly his protection of fundamental rights, led to the then Prime Minister Indira Gandhi overlooking him for the post. The decision to deny him the CJI role was seen as a retaliation against his independent and principled stance, highlighting the political pressures that can influence judicial appointments.
Fast forward to 2024, and Justice Sanjiv Khanna's ascent to the top judicial post has reignited discussions about the influence of political considerations on judicial appointments. While the official reasons for his elevation remain unclear, some commentators have pointed to his previous judgments that were critical of the government's policies, including his concurring opinion in the Electoral Bonds case. In his separate verdict, Justice Khanna expressed doubts about the government's claims regarding the purpose of Electoral Bonds and highlighted the potential for financial irregularities. This judgment, along with others that demonstrate his independent and principled approach, could be seen as contributing to his elevation as CJI.
However, it is crucial to acknowledge that the selection process for the CJI is a complex and multifaceted one, involving a combination of factors beyond just individual judgments. The seniority of judges, their judicial experience, and their overall suitability for the role are all considered during the appointment process. Nevertheless, the fact that Justice Sanjiv Khanna's path to the CJI post echoes his uncle's experience, with both facing potential political pressures, raises important questions about the autonomy and independence of the Indian judiciary. It is crucial to ensure that the appointment process remains transparent and free from external influence, upholding the integrity and credibility of the judicial system.
Source: Will Justice Sanjiv Khanna’s rise to CJI’s post bury another Emergency ghost?