Justice Sanjiv Khanna became the 51st Chief Justice of India after taking over from Justice DY Chandrachud who had an impactful tenure that has left a footprint on the judicial system of the country. Justice Khanna walks in at a crucial time when the judiciary has been closely watched for its constitutional interpretations, political leanings and judicial transparency.
Justice Khanna’s tenure may be a short one of six months, but he faces a testing time with cases that will have a direct bearing on public trust in the judiciary. There are cases on Section 124A, the sedition law which was referred to a Constitution bench in 2023 by his predecessor, besides marital rape, caste surveys, Election Commissioners Act and many others which could define Justice Khanna’s role as a CJI.
However, an immediate task that awaits him is to address the monumental backlog of cases that have been piling on for years. With millions of cases pending and courts functioning below optimal capacity, Justice Khanna has a task at hand to enhance efficiency, set timelines and ensure that the justice delivery keeps pace. The Supreme Court currently has 82,498 pending cases — 64,231 civil cases and 18,267 criminal cases. That is a massive pile-up.
Justice Chandrachud has not only left behind a legacy but has set benchmarks when it came to confrontations between the judiciary and the executive, at a time when there were growing concerns about probable encroachments in judicial autonomy. The new CJI faces the biggest challenge in safeguarding judicial independence in the wake of mounting pressures from various government quarters. The chief justice plays a crucial role in ensuring mutual respect and collaboration among the pillars of democracy while guaranteeing that autonomy and mutual respect are not eroded.
Thirdly, there is an increasing distrust in sections of the judiciary with corruption raising its ugly head in the system. Judges have been facing accusations of malfeasance and bribery, overriding fairness and transparency. Judges have been talking fearlessly about corruption in the higher judiciary, and there have been cases of corruption filed against former judges. Cases of judicial impropriety have threatened public trust in the justice delivery system. The new CJI will have to tighten the accountability mechanism within the judiciary and ensure greater transparency so that faith in the system is restored.
The world is changing at a rapid pace and technology is making an impact on all spheres of life. India has struggled to achieve a synergy between the legal system and technology. The challenges are humongous in times when data privacy, artificial intelligence and cyber crimes are making huge inroads. It is to be seen whether Justice Khanna would choose to bring radical reforms into the system without sacrificing fundamental rights.
The common citizen has been increasingly banking on the judiciary as the last resort. We have seen it almost everywhere, including Goa. People promptly knock on the doors of courts when they see a failure in the system, and when they feel helpless. Citizens and activists from Goa have moved the top court on numerous occasions in the hope of getting speedy justice — from Tiger Reserve, Mhadei diversion and even disqualification of legislators shifting parties. People see a lot of hope in the judicial system.
The new CJI will have to navigate through the many complexities with principled leadership and unwavering commitment to justice because there is a collective hope of millions in the country that is at stake. We hope that Justice Khanna takes off where Justice Chandrachud left off and reinvigorates the judiciary’s role in the country.
