Source: Supreme Court  

Why in News? 

Justice Sanjiv Khanna has officially assumed the office as the 51st Chief Justice of India, succeeding Justice DY Chandrachud. He was sworn in by President Droupadi Murmu in a ceremony at Rashtrapati Bhavan. Justice Sanjiv Khanna’s tenure as Chief Justice will last until May 2025. He is known for his significant contributions to various landmark judgments, including in cases involving the RTI Act, hate speech regulation, the Central Vista project, and politically sensitive bail applications, among others. 

What is the Background of the News?

• Justice Sanjiv Khanna has been appointed as the 51st Chief Justice of India. 
• He took oath at Rashtrapati Bhavan, administered by President Droupadi Murmu. 
• His tenure will run until 13th May, 2025 (approximately seven months). 
• Prior to the Supreme Court, he served at the Delhi High Court and was elevated to Supreme Court on 18th January 2019. 
• Constitutional and Civil Rights Jurisprudence 
  • He has delivered landmark judgment applying RTI Act to the Office of Chief Justice of India, enhancing judicial transparency 
  • Authored significant opinion in Amish Devgan case establishing judicial framework for regulating hate speech 
  • Established irretrievable breakdown of marriage as grounds for divorce under Article 142 powers of Supreme Court 
• Public Interest and Infrastructure Cases 
  • Authored dissenting opinion in Central Vista case, emphasizing procedural irregularities 
  • Led bench in EVM-VVPAT matter, balancing electoral integrity with practical considerations 
  • Mandated additional safeguards in electronic voting while maintaining existing verification protocols 
• Anti-Corruption and Enforcement Cases 
  • Presided over high-profile Delhi liquor policy cases involving senior political figures 
  • Established precedent for balanced approach in PMLA (Prevention of Money Laundering Act) cases 
  • Granted conditional interim bail for election campaigning, setting important precedent for political rights during ongoing investigations 
• Constitutional Bench Matters 
  • Participated in landmark judgments on Article 370 and Electoral Bonds 
  • Authored separate concurring opinion in Electoral Bonds case, focusing on constitutional rights violations 
  • Significant transparency in political funding while protecting democratic principles 
• Administrative Law 
  • Demonstrated consistent approach in balancing executive powers with procedural safeguards 
  • Established precedents for judicial review of administrative actions 
  • Emphasized expeditious trial completion in sensitive political cases 
  • Civil Liberties 
  • Maintained strong focus on protecting fundamental rights 
  • Developed jurisprudence on balance between investigation needs and personal liberty 
  • Emphasized need for safeguards against potential abuse of investigative powers. 

List of Chief Justices of India and Their Tenures  

What are the Constitutional Provisions Related Chief Justice of India? 

• Article 124(1) 
  • Establishes the Supreme Court of India with a Chief Justice and other judges 
  • Maximum strength of judges is fixed by Parliament (currently 34 including CJI) 
• Article 124(2) 
  • CJI is appointed by the President of India 
  • Consultation with other Supreme Court judges is mandatory for appointment 
  • President must consult sitting CJI for appointment of other Supreme Court judges 
• Article 124(3) 
  • Qualifies requirements for CJI appointment:  
    • Must be an Indian citizen 
    • Must have been a High Court judge for at least 5 years, or 
    • Must have been an advocate in High Court(s) for at least 10 years, or 
    • Must be a distinguished jurist in the President's opinion 
• Article 124(4) 
  • Provides procedure for removal of CJI 
  • Can be removed only through impeachment on grounds of proven misbehavior or incapacity 
  • Requires special majority in both houses of Parliament 
• Article 125 
  • Determines salary and allowances of CJI 
  • Currently governed by High Court and Supreme Court Judges (Salaries and Conditions of Service) Act 
• Article 126 
  • Empowers President to appoint Acting Chief Justice when:  
    • Office of CJI is vacant 
    • CJI is temporarily absent 
    • CJI is unable to perform duties 
• Article 127 
  • CJI can appoint ad hoc judges to Supreme Court with President's approval when quorum not available 
• Article 128 
  • Allows CJI to request retired Supreme Court judges to act as judges of Supreme Court. 
• Article 129 
  • Establishes Supreme Court under CJI as court of record with power to punish for contempt 
• Article 130 
  • CJI's consent required to seat Supreme Court in place other than Delhi 
• Article 144 
  • All civil and judicial authorities must act in aid of Supreme Court under CJI's leadership 
• Article 145 
  • Empowers CJI to make rules for regulating court practice and procedure 
  • Subject to law made by Parliament and approval of President 
• Article 146 
  • CJI has administrative powers to appoint officers and servants of Supreme Court 
  • Conditions of service determined by rules made by Supreme Court with Presidential approval 
• Article 217 
  • CJI must be consulted in appointment of High Court judges 
• Article 222 
  • CJI's recommendation required for transfer of High Court judges 
• Additionally relevant provisions: 
  • Second Schedule 
    • Specifies salary and allowances of CJI 
    • Cannot be varied to disadvantage during term of office 
  • Article 50 
    • Separation of judiciary from executive 
    • CJI's role in maintaining judicial independence