Mon Nov 11 09:06:55 UTC 2024: ## Justice Sanjiv Khanna’s Path to Chief Justice of India Shaped by His Uncle’s Legacy
**New Delhi:** The appointment of Justice Sanjiv Khanna as the 51st Chief Justice of India holds special significance, as it comes almost five decades after his uncle, Justice Hans Raj Khanna, was denied the same position. The family’s first chief justice was thwarted by a landmark dissenting judgment during the Emergency imposed by the Indira Gandhi government.
Justice Hans Raj Khanna, known for his unwavering commitment to individual liberties, delivered a powerful dissent in the 1976 ADM Jabalpur vs Shivkant Shukla case. This case saw a majority of judges rule that the right to personal liberty could be suspended during a state of emergency. Justice Khanna’s dissent, which deemed such a law “anathema to all those who love personal liberty”, was eventually vindicated in 2017 when the Supreme Court overturned the Jabalpur judgment, acknowledging the profound truth of his dissent.
Though his principled stand cost him the Chief Justice position, Justice Khanna left a lasting legacy. His key contributions include the Kesavananda Bharati v. State of Kerala judgment, which defined the basic structure doctrine of the Constitution. This landmark verdict asserted the Supreme Court’s authority to scrutinize constitutional amendments and ensure they did not violate the fundamental tenets of the Constitution.
Justice Khanna’s legacy lives on not just in his judgments, but in the inspiration he provided to his nephew, Sanjiv Khanna. The future Chief Justice, influenced by his uncle’s courage and principled stand, pursued a career in law, preserving his uncle’s judgments and notes as a testament to his legacy.
The appointment of Sanjiv Khanna as Chief Justice of India symbolizes a confluence of family history, personal inspiration, and a commitment to upholding the principles of justice and liberty, a legacy deeply rooted in the actions of Justice Hans Raj Khanna.
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