Why was Chief Justice Sanjiv Khanna’s uncle denied a top judicial post by Indira Gandhi?

More than 40 years before his nephew was sworn in as the 51st Chief Justice of India, Justice Hans Raj Khanna was once a candidate for the country’s top judicial position in 1977.

On Monday, Justice Sanjiv Khanna was sworn in as the 51st CJI by President Droupadi Murmu at Rashtrapati Bhavan. Justice Khanna, who has previously served as a judge in both the Supreme Court and the Delhi High Court, will hold the post for six months.

In 1977, his uncle Judge Hans Raj Khanna was also a candidate for the same role. However, a decision imposed by then Prime Minister Indira Gandhi’s government during the Emergency eventually prevented him from being appointed to the senior legal position.

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So what was this decision and how did it affect his chances of becoming India’s CJI?

Who was Judge Hans Raj Khanna?

Born in 1912, Judge Hans Raj Khanna continued his education in Amritsar before starting his career as a lawyer.

He was appointed as a district and sessions judge in 1952 and eventually served as a judge in the Delhi and Punjab High Courts. He became a Supreme Court judge in 1971 and was considered for the role of Chief Justice of India in 1977.

What was the ADM Jabalpur and Shivkant Shukla case?

Judge Hans Raj Khanna recalls in his autobiography: “…The night before Baisakhi, that is, the night of April 12, we were sitting in the moonlight in the bungalow compound, calm and beautiful, with the Ganges river flowing in front of us. As I sat there watching the view, I said to my younger sister: ‘Santosh, I have prepared a judgment that will cost you the Chief Justice of India.’”

He was specifically referring to the landmark ADM Jabalpur v. Shivkant Shukla case, known as the Habeas Corpus case.

The case took place during the Emergency period (1975-1977) when President Fakhruddin Ali Ahmed, on the instructions of Prime Minister Indira Gandhi, suspended fundamental rights under Article 359.

The people of the country turned to the judiciary when opposition leaders and government critics were arrested without trial and deprived of their fundamental rights. Under Article 21, it has become the duty of the judiciary to defend the rights of citizens, including the Right to Life and Liberty.

In particular, the Supreme Courts had decided that citizens could still appeal to the judiciary despite the State of Emergency. However, Prime Minister Indira Gandhi’s government challenged this stance in the Supreme Court, leading to the infamous judgment in the ADM Jabalpur case.

The bench included Chief Justice AN Ray and Justices MH Beg, YV Chandrachud, PN Bhagwati and HR Khanna. Justice Khanna is known to go against the majority.

Live Law said in a report that the Solicitor General of India, Niren De, who represented the Union, appeared reluctant and was forced into the post as his British wife was at risk of facing residence issues.

In the end, the five-judge Constitutional Bench (established for cases involving significant constitutional interpretation) ruled by a 4:1 majority that citizens had no right to judicial remedies during the Emergency.

‘A contrarian decision’

Justice Khanna defended the protection of personal liberty, stating that the rights to life and liberty must remain sacrosanct even in the circumstances of the Emergency.

During the hearing, Judge Khanna asked: “Given his statements, would there be redress if a police officer killed another man out of personal enmity?”

Chief Public Prosecutor Niren De said, “It may shock your conscience, it may shock my conscience, but consistent with my statements, no action can be taken in court on this matter.”

Justice Khanna said: “… Detention without trial is a curse on all who love personal freedom.”

In a 1976 article, New York Times He wrote: “If India ever finds a way to return to the freedom and democracy that were the proud features of its first eighteen years as an independent nation, someone will surely erect a monument to Supreme Court Justice H.R. Khanna.”

Why did Indira Gandhi refuse to send CJI to Justice Khanna?

Simply put, Indira Gandhi rejected Justice Khanna’s role as CJI because of her dissenting judgment in the ADM Jabalpur v. Shiv Kant Shukla case challenging the government’s position.

In 1977, when the tenure of Chief Justice AN Ray ended, Justice Khanna, the senior-most judge of the Supreme Court, was transferred to the post. Instead, Justice MH Beg, who supported the government in the ADM case, was appointed as Chief Justice.

Justice Khanna resigned the same day as a sign of protest after he was informed of the decision on radio. His determination to defend constitutional rights ultimately cost him the role of Chief Justice.

After the 21-month-long Emergency ended and Indira Gandhi’s government fell, Justice Khanna was appointed chairman of the Law Commission, a post he held until 1979. He also briefly served as the Union Minister of Law and Justice during the reign of Prime Minister Charan Singh, although he resigned. in three days.

In the 1982 presidential elections, Justice Khanna stood as the opposition candidate but lost to Zail Singh.

His nephew is now CJI

Now, 47 years later, Justice Hans Raj Khanna’s legacy continues as his nephew.
Justice Sanjiv KhannaHe assumed office as the 51st Chief Justice of India.

Appointed as a Supreme Court judge in January 2019, CJI Khanna has been part of key decisions, including decisions on integrity of electronic voting machines (EVMs), cancellation of electoral bond scheme, abrogation of Article 370 and grant of interim bail. to former Delhi CM Arvind Kejriwal.

A third generation legal expert,
Justice Khanna He started his career as a lawyer before being appointed as a judge of the Delhi High Court. Known for its commitment to reducing backlogs of cases and speeding up the delivery of justice

He graduated in law from the University of Delhi Campus Law Center and joined the Delhi Bar Council in 1983. Initially practicing in the Tis Hazari courts and the Delhi High Court, he presented arguments as additional public prosecutor and amicus curiae in various criminal cases.

He also had an extensive tenure as senior standing counsel in the Income Tax Department and later as standing counsel (civil) in the National Capital Territory of Delhi in 2004.

During his judicial career, CJI Khanna also served as the executive chairman of the National Legal Service Authority.