20 significant judgments by 51st CJI Justice Sanjiv Khanna
Lexpedia News · 13 May 2025 · 7 min read
Justice Sanjiv Khanna, born on May 14, 1960, concluded his tenure as the 51st Chief Justice of India on May 13, 2025, marking a period characterized by significant judicial interventions, procedural clarity, and institutional reforms. His legal lineage is notable; his father, Dev Raj Khanna, served as a judge of the Delhi High Court, and his uncle, Justice H.R. Khanna, is renowned for his principled dissent during the Emergency in the ADM Jabalpur case (1976) and for propounding the basic structure doctrine in Kesavananda Bharati (1973). Justice Sanjiv Khanna's grandfather, Sarav Dayal, was a prominent advocate who participated in the Indian National Congress Committee investigating the 1919 Jallianwala Bagh massacre.
Elevated to the Supreme Court on January 18, 2019, Justice Khanna brought over three decades of judicial and advocacy experience, including significant roles in the Delhi High Court and as Senior Standing Counsel for the Income Tax Department. His tenure as Chief Justice, beginning on November 11, 2024, was seen as a symbolic restoration of judicial integrity, especially considering his uncle's earlier supersession.
Below is a comprehensive overview of 20 significant judgments and interventions associated with Justice Khanna, formatted with bullet points and sequence numbering for clarity:
Constitution Bench Judgments
1. Power to Modify Arbitral Awards
- Case Title: Gayatri Balasamy v. ISG Novasoft Technologies Ltd
- A five-judge Constitution Bench held that appellate courts have limited powers to modify arbitral awards under Sections 34 or 37 of the Arbitration and Conciliation Act, 1996. Justice Khanna, writing for the majority, stated that Article 142 of the Constitution can be used by the Supreme Court to modify awards to do complete justice, though it should be exercised with caution.
2. Unstamped Arbitration Agreements Inadmissible but Not Void
- Case Title: In Re: Interplay between Indian Stamp Act and Indian Arbitration Act
- A seven-judge Constitution Bench unanimously held that while unstamped arbitration agreements are inadmissible, they are not rendered void ab initio. Justice Khanna concurred, emphasizing that insufficiency of stamping does not make the agreement void or unenforceable but makes it inadmissible in evidence.
3. Upholding Abrogation of Article 370
- Case Title: In Re: Article 370 of the Constitution
- A five-judge Constitution Bench unanimously upheld the Central government's 2019 decision to abrogate Article 370. Justice Khanna, in his concurring opinion, found that Article 370 was a feature of asymmetric federalism and not an indication of sovereignty, and its abrogation did not negate the federal structure.
4. Supreme Court’s Power to Dissolve Marriage under Article 142
- Case Title: Shilpa Sailesh v. Varun Sreenivasan
- The Court held that it can invoke its special powers under Article 142 to grant divorce on the ground of irretrievable breakdown of marriage. Justice Khanna, authoring the judgment, stated that such a grant is not a matter of right but a discretion to be exercised with great care and caution.
5. Striking Down Electoral Bonds Scheme
- Case Title: Association for Democratic Reforms v. Union of India
- The Court unanimously struck down the Electoral Bonds scheme, holding that its anonymous nature violated the right to information and thus free speech under Article 19(1)(a). Justice Khanna, in his concurring opinion, stated that the right to privacy of donors does not arise if a donation is made through a banking channel.
6. RTI Applicable to Office of CJI
- Case Title: CPIO, Supreme Court v. Subhash Chandra Agarwal
- The Court held that the office of the Chief Justice of India is a public authority under the Right to Information Act, 2005. Justice Khanna, writing for the majority, upheld the 2010 Delhi High Court judgment and emphasized that judicial independence does not necessarily oppose the right to information.
Other Significant Judgments
7. Landlord-Tenant Disputes under Transfer of Property Act are Arbitrable
- Case Title: Vidya Drolia v. Durga Trading Corporation
- The Court held that tenancy disputes are arbitrable as the Transfer of Property Act does not foreclose arbitration, except for those governed by rent control legislation. Justice Khanna explained that courts should undertake a prima facie examination of the validity of the arbitration agreement at the stages of Sections 8 and 11.
8. Hate Speech Repudiates Right to Equality
- Case Title: Amish Devgan v. Union of India
- The Court refused to quash cases against Journalist Amish Devgan for remarks against Sufi Saint Moinnuddin Chisthi. Justice Khanna highlighted the differences between hate speech and free speech, the need to criminalize hate speech, and the tests to identify it.
9. Quashing 25,000 Staff Appointments in West Bengal
- Case Title: State of West Bengal v. Baishakhi Bhattacharya
- The Court upheld the Calcutta High Court's decision invalidating nearly 25,000 teaching and non-teaching staff appointments made by the West Bengal School Selection Commission in 2016. Justice Khanna approved the finding that the selection process was vitiated by fraud.
10. Powers of Arrest under GST and Customs Act
- Case Title: Radhika Agarwal v. Union of India
- The Court upheld the constitutional validity of Sections 69 and 70 of the GST Act, granting GST officers the power to arrest and summon individuals. Justice Khanna held that anticipatory bail applications are maintainable concerning offences under the GST Act.
11. Highlighting Worrying Trend in ED Cases
- Case Title: Arvind Kejriwal v. Directorate of Enforcement
- In granting interim bail to Delhi Chief Minister Arvind Kejriwal, Justice Khanna underscored the need for the Enforcement Directorate to have a uniform policy on arrests under the Prevention of Money Laundering Act, emphasizing that arrest cannot be made simply for investigation purposes.
12. Constitutional Validity of 'Socialist' and 'Secular' in Preamble
- Case Title: Balram Singh v. Union of India
- The Court dismissed petitions challenging the inclusion of "socialist" and "secular" in the Preamble as per the 42nd Amendment, observing no legitimate cause for challenging this amendment after nearly 44 years.
13. Rejecting Plea for 100% EVM-VVPAT Verification
- Case Title: Association of Democratic Reforms v. Election Commission of India
- The Court rejected pleas seeking 100% cross-verification of EVM data with VVPAT records. Justice Khanna urged the Election Commission to explore electronic counting of VVPAT slips and the inclusion of barcodes for each party.
14. When is Chargesheet Complete under CrPC?
- Case Title: Sharif Ahmad v. State of Uttar Pradesh
- The Court observed that chargesheets must contain clear and complete entries to enable the court to understand the crime and evidence. Justice Khanna deprecated the practice of filing chargesheets without sufficient details.
15. Quashing Land Allotment for MPs, MLAs, and Judges in Hyderabad
- Case Title: State of Andhra Pradesh v. Dr. Rao VBJ Chelikani
- The Court quashed the preferential allotment of land to housing societies of MPs, MLAs, civil servants, judges, etc., within Hyderabad Municipal Corporation limits. Justice Khanna authored the decision, nullifying the Andhra Pradesh Government Memoranda of 2005.
16. Power of Police Officer under Section 102 CrPC
- Case Title: Nevada Properties Private Limited v. State of Maharashtra
- The Court held that the expression 'any property' in Section 102 of the CrPC does not include 'immovable property'. Justice Khanna opined that police officers do not have the power to attach, seize, and seal immovable property under this section.
Important Dissents
17. Central Vista Project
- Case Title: Rajeev Suri v. Delhi Development Authority
- While the majority upheld the Central government's plan for the Central Vista project, Justice Khanna dissented, noting the lack of prior approval from the Heritage Conservation Committee and the non-speaking nature of the environmental clearance order.
18. Revised Fee Scale of Arbitrators
- Case Title: Oil and Natural Gas Corporation v. Afcons Gunanusa JV
- The Court held that arbitrators cannot unilaterally fix their fees without parties' consent and that the fee scale under the Fourth Schedule is not mandatory. Justice Khanna dissented, stating that in the absence of an agreement, the arbitral tribunal is entitled to fix a reasonable fee.
19. Stay on Surveys, Fresh Suits Against Existing Places of Worship
- Case Title: Ashwini Upadhyay v. Union of India
- The Court directed trial courts not to pass orders or conduct surveys against existing religious structures in suits disputing their religious character, emphasizing that such suits cannot proceed until the validity of the Places of Worship Act, 1991, is decided.
20. Expressing Concerns on the Waqf (Amendment) Act, 2025
- Case Title: Asaduddin Owaisi v. Union of India
- In a significant judicial intervention, a bench led by Chief Justice Sanjiv Khanna addressed multiple petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025. The petitioners, including AIMIM MP Asaduddin Owaisi, contended that the amendments infringed upon the rights of the Muslim community to manage their religious endowments autonomously.
