Sanjiv Khanna takes oath as Chief Justice: Key cases that could define his legacy

Justice Sanjiv Khanna was sworn in today as the 51st Chief Justice of India, stepping into one of the country’s most influential judicial roles. As the CJI, Khanna assumes the pivotal responsibility of the ‘Master of the Roster’, a role that grants him the authority to assign cases and form benches within the Supreme Court.
While not explicitly mentioned in the Constitution, the ‘Master of the Roster’ has evolved through tradition, playing a crucial role in maintaining judicial impartiality and administrative efficiency.
Balancing judicial discretion with procedural fairness, Justice Khanna’s approach to this responsibility will be closely scrutinised, particularly in a climate where public trust in the judiciary’s independence is paramount.
His role involves ensuring a fair and efficient distribution of cases, impacting not only the pace of justice but also the people’s confidence in the Supreme Court’s impartiality.
Justice Khanna takes over a substantial backlog from his predecessor, DY Chandrachud, who left behind numerous high-profile cases. The Supreme Court currently has 82,498 pending cases, including 64,231 civil cases and 18,267 criminal cases, with approximately one-third of these cases having been pending for less than a year.
The docket includes complex matters that require Constitution benches, with three cases needing nine-judge benches, six needing seven-judge benches, 19 requiring five-judge benches and 152 to be heard by three-judge benches.
Justice Khanna’s approach to managing these cases will likely define the early days of his tenure.
Among the prominent cases awaiting resolution under Justice Khanna’s leadership are several that raise critical constitutional, social and legal issues. A top-priority matter involves Section 124A, India’s sedition law, whose constitutionality was referred to a Constitution bench in 2023 by former CJI Chandrachud.
Justice Khanna’s decision on the timing and composition of the bench for this matter could have lasting implications for free speech and democratic freedoms in India.
Another high-stakes case includes challenges to the 2018 Sabarimala judgment, which permitted women of all ages to enter Kerala’s Sabarimala Temple, sparking a national debate on religious rights and gender equality.
Justice Khanna will also address the contentious issue of marital rape, which remains unresolved due to time constraints faced by a previous three-judge bench. His decisions on bench allocation for this case could shape the judiciary’s stance on gender rights in India.
A further constitutional issue involves the Election Commissioners Act, 2023, which empowers the executive to appoint election commissioners. This law has been contested for potentially contradicting a 2023 Supreme Court ruling in Anoop Baranwal vs Union of India, which stressed the need for impartiality in such appointments.
The Bihar government’s initiative for a caste-based survey presents another pivotal legal battle. Former CJI Chandrachud had framed key arguments for this politically sensitive matter, leaving Justice Khanna to oversee its final stages.
Justice Khanna is also expected to address the open suo motu case concerning the rape and murder of a trainee doctor at Kolkata’s RG Kar Medical College and Hospital. This case, which led to the formation of a national task force on doctor safety, highlights ongoing concerns about the safety of healthcare professionals in the country.
Other significant cases on Justice Khanna’s roster include challenges to the powers of the Enforcement Directorate (ED) under the Prevention of Money Laundering Act, the criminalisation of triple talaq under the Muslim Women (Protection of Rights on Marriage) Ordinance, 2018, and the Maharashtra political crisis regarding the Speaker’s authority in legislative disqualification proceedings.
As the ‘Master of the Roster’, Justice Khanna’s case assignments will be more than an administrative duty; they reflect his judicial philosophy and commitment to fair hearings. By carefully considering each judge’s expertise, case complexity and the Supreme Court’s overall workload, he has the opportunity to ensure fair and efficient case administration.
Specialised cases, for example, may be directed to judges with relevant experience, while complex matters may be assigned to senior judges known for their meticulous scrutiny.
Chief Justice Khanna’s early days in office will be closely observed as his choices reveal his vision for the judiciary. By emphasising transparency in roster management and equitable case distribution, he can reinforce public confidence in the Supreme Court.
His approach to high-profile cases, his methods for forming benches, and his prioritisation of key matters will not only define his tenure but could set a benchmark for future Chief Justices.