‘Truth deficit’ in legal profession bothers me, CJI Khanna on last day

Outgoing Chief Justice of India Sanjiv Khanna on Tuesday voiced concerns over “truth deficit” in the legal profession and emphasised the role of the Bar and the Bench in earning public trust.

Justice Khanna made these remarks on his last day in office while presiding over the ceremonial bench in the apex court and at a farewell function. He further said that the job of a judge was neither to dominate the courtroom nor to surrender.

During his farewell speech, he noted that he would not accept any post after retirement, but perhaps would do something with law.

CJI Khanna — who has authored several important verdicts — debunked the claim of parliamentary supremacy in one of his judgements, saying, “It is the Constitution that is higher than all of us.”

He highlighted that the Supreme Court achieved a case clearance rate of more than 100% during his term.

Talking about his successor, Justice Khanna called Justice Gavai his “biggest support” and expressed confidence in his leadership and commitment to constitutional values. “What to say about CJI designate Justice BR Gavai…We got elevated the same year and here we are in the Collegium…I must say, he has been my biggest support. And I am sure that you have in Justice Gavai an excellent chief justice who is going to uphold the institution, the Fundamental Rights, and our basic doctrines that we have adopted and applied,” Justice Khanna said.

“I am overwhelmed…I carry with me a lot of memories that will remain with me throughout my life,” said the CJI as he expressed gratitude to his brother judges and the Bar.

“The judiciary is not just judges; it includes the Bar. You are the conscious keepers of the system,” he added.

Justice Gavai and Justice Sanjay Kumar were sitting in the ceremonial Bench; while Attorney General R Venkataramani, Solicitor General Tushar Mehta, Supreme Court Bar Association president Kapil Sibal, senior advocates AM Singhvi, Dushyant Dave and a large number of young lawyers also gathered in court no. 1 to bid adieu to the outgoing Chief Justice.

Later, the SCBA gave him a warm send off at a formal ceremony, which was also attended by his wife Asha Khanna and other family members.

Son of a former Delhi High Court judge, Justice DR Khanna, Chief Justice Sanjiv Khanna was appointed as a Judge of the Supreme Court on January 18, 2019. He took over as the 51st CJI on November 11, 2024, while his six-month tenure as the CJI ended on Tuesday.

His uncle Justice HR Khanna was denied the appointment as the CJI by the Indira Gandhi government for his sole dissenting opinion in the “ADM Jabalpur versus Shivkant Shukla case (1976) on the suspension of fundamental rights during Emergency.

The majority had declared that the government could suspend fundamental rights and detain citizens without following due process during Emergency. Justice HR Khanna had resigned after the government notified the appointment of Justice HM Beg – a junior judge – as the CJI.

Justice Gavai, who would assume the CJI office on May 14, said Justice Khanna “embraced his legacy” and also built his own. “To walk in the shadow of such a name is no small task, but Justice Sanjiv Khanna did more than just upholding that legacy and he made it his own.”

Justice Gavai praised his predecessor’s clarity, moral conviction, and commitment to fundamental rights, describing his judgments as “simple, elegant, and imbued with constitutional values”.

“It has been a privilege (working with CJI Khanna) and I extend my heartfelt gratitude,” the CJI-designate said.

Highlighting a rare quality of CJI Khanna, Justice Sanjay Kumar said, “He doesn’t make notes. Everything: page numbers, paragraph numbers, contents come from memory.”

“Your lordship leaves a void that won’t be easily filled. Like a river flowing quietly, you accomplished much with grace,” said the Attorney General, thanking him for adding “immense value” to the court by his judgments that carried “impeccable logic, simplicity, and elegance”.

Calling Justice Khanna “a beacon of light” who symbolised “the best in a judge”, Sibal said he elevated the stature of the court; and carried forward the legacy of his uncle.

India