Team TrickyScribe: Justice Sanjiv Khanna on Monday took oath as the 51st Chief Justice of India (CJI) at the Ganatantra Mandap in Rashtrapati Bhavan, marking the beginning of his tenure at the helm of the Indian judiciary.
Brief Tenure with Significant Responsibilities
Justice Khanna steps into the role following his predecessor, Justice D.Y. Chandrachud, who served as CJI for two years. Unlike his predecessor, Justice Khanna’s term will be brief—he is set to serve as CJI for only six months. The short tenure notwithstanding, Justice Khanna is poised to oversee key cases that may have a profound impact on India’s legal landscape and society at large.
Cases include high-stakes issues such as Google’s dominance in the Android market, the criminalization of marital rape, and retrospective taxation in the e-gaming sector.
Justice Sanjiv Khanna’s Contribution to Landmark Judgments
Justice Khanna has been part of numerous landmark judgments throughout his legal career. Notable among these are cases on the electoral bonds scheme and the abrogation of Article 370, reflecting his commitment to addressing significant legal and constitutional issues. With a career rooted in upholding the principles of justice and constitutional rights, Justice Khanna brings substantial expertise and perspective to the role of CJI.
Key High-Profile Cases Listed Under CJI Khanna’s Tenure
During his time as CJI, Justice Khanna is expected to address multiple high-profile cases that span diverse legal, social, and economic issues. These cases are significant not only for the parties involved but also for their potential to influence wider legal principles and public policy in India.
Criminalization of Marital Rape
Among the pivotal cases awaiting hearing is the ongoing debate over the criminalization of marital rape in India. This case, which has been adjourned multiple times, involves a batch of petitions seeking legal recognition that marital rape should be treated as a criminal offense. Originally scheduled for October, the hearing was postponed by former CJI Chandrachud, who noted that it would extend beyond his retirement date on November 10, 2024.
The Supreme Court is anticipated to address this issue in November or December under the leadership of Justice Khanna. A judgment in favor of criminalizing marital rape could mark a historic shift in India’s stance on marital rights and gender equality. As it stands, marital rape remains a contentious issue in India, and a ruling on its criminalization could redefine legal perspectives on consent, marriage, and personal autonomy.
Google’s Android Dominance and Antitrust Case
Another key case on CJI Khanna’s docket involves Google’s appeal against the National Company Law Appellate Tribunal’s (NCLAT) ruling, which upheld a hefty fine imposed by the Competition Commission of India (CCI). The CCI fined Google ₹1,337.76 crore in October 2022 for allegedly abusing its dominant position within the Android mobile ecosystem.
The CCI’s ruling mandates that Google allow users a choice in selecting a default search engine while setting up devices. This decision, aimed at curbing anti-competitive practices, could reshape the digital ecosystem in India, setting a precedent for how tech giants operate in the country. The Supreme Court is expected to hear Google’s appeal in January 2024, under the leadership of CJI Khanna, who will play a pivotal role in shaping India’s competition law.
Retrospective Taxation in the E-Gaming Industry
In recent years, India’s e-gaming sector has seen exponential growth, leading to questions about its regulation and taxation. Another important case on the Supreme Court’s agenda under CJI Khanna’s leadership involves retrospective taxation on the e-gaming industry. As India’s digital economy grows, this ruling will be closely watched, as it could set new standards for how emerging industries are taxed and regulated in India.
Retrospective taxation has been a source of contention within India’s legal and business communities. Implementing such taxation on e-gaming platforms could have significant implications for the industry, potentially affecting revenue models, investment inflows, and the overall
Justice Sanjiv Khanna’s Search for His Ancestral Roots
Justice Sanjiv Khanna, who was sworn in as the 51st Chief Justice of India, is on a personal journey to locate his “missing” ancestral home in Amritsar. This pre-Independence era residence was originally built by his grandfather, Sarav Dayal, a respected lawyer and significant figure of his time.
A Pilgrimage to Katra Sher Singh
According to sources close to Chief Justice Khanna, every visit to Amritsar involves a stop at Katra Sher Singh, where his grandfather’s house once stood. Despite the area’s changing landscape over the years, Chief Justice Khanna remains determined to locate the house that holds such sentimental value. His trips to Katra Sher Singh have become a pilgrimage of sorts, as he recalls the stories and memories tied to this family home.
A Legacy Tied to History and the Jallianwala Bagh Incident
Sarav Dayal, Chief Justice Khanna’s grandfather, was not only a celebrated lawyer but also the father of Justice HR Khanna, a renowned figure in Indian judicial history. Sarav Dayal was part of the Congress committee that investigated the tragic Jallianwala Bagh incident of 1919. Around this period, he acquired two properties: one in Katra Sher Singh, near Jallianwala Bagh, and another in Dalhousie, Himachal Pradesh. It is the former—the house in Katra Sher Singh—that Chief Justice Khanna continues to search for.
Independence and the Loss of the Family Home
In 1947, amid the turmoil of India’s independence, the Katra Sher Singh house was desecrated and set on fire. However, Sarav Dayal eventually restored it, preserving its heritage and significance for the family.
A Childhood Memory Marked by “Bauji”
At the age of five, Chief Justice Khanna visited the Katra Sher Singh house with his father. A sign bearing the word “Bauji,” meaning “Grandfather,” marked the entrance—a cherished memory that he holds dear. Although the Amritsar home was sold in 1970 after Sarav Dayal’s death, the “Bauji” sign has been preserved and remains at the family’s property in Dalhousie.
A Legacy of Wisdom Beyond Books
Chief Justice Khanna fondly remembers how his grandfather would encourage him to leave his schoolbooks behind during family holidays. Sarav Dayal believed in imparting life lessons that couldn’t be found in any book, a sentiment that continues to resonate with the Chief Justice to this day.
For Chief Justice Sanjiv Khanna, each visit to Amritsar is not just about finding a lost property but about reconnecting with a legacy rich in history, wisdom, and family bonds.
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