Chief Justice Sanjiv Khanna Inspiration, Uncle Who Defied Indira Gandhi and Was Denied Top Position

India's most courageous judge is found in the next innings of Justice Sanjiv Khanna, the country's 51st Chief Justice. For this one, there's a very personal reason for an interest in his uncle, Justice Hans Raj Khanna, who was in line to become the Chief Justice many years before Sanjiv Khanna became a part of the bench. His dissent in ADM Jabalpur v. Shivkant Shukla during the Emergency years foreclosed that possibility.

Justice Sanjiv Khanna Inspired by Uncle HR Khanna

On the other hand, a five-judge Supreme Court bench decided in 1976 that in the interest of State, the right to personal liberty can be suspended. Notably, Justice Khanna dissented alone. Indeed, he opposed the judgment vigorously with the words: denial of personal liberty was an anathema to all who love freedom. His stand reflected his belief in human rights and personal freedom, which led him to being denied the post of Chief Justice and instead being awarded Justice MH Beg. He resigned from the service soon after in protest. Justice Hans Raj Khanna is also very much remembered for his landmark verdict in the Kesavananda Bharati case of 1973, where he established the basic structure doctrine of the Constitution. He argued that because Parliament had the right to amend the Constitution, they could not alter the basic structure of the Constitution. He helped in saving India's democratic structure and will go down as a constitutional landmark.

Instead of looking for political interests, Justice Khanna turned down all political offers after resigning and continued to maintain neutrality. When he was asked to contest elections and lead the Emergency probe, he refused the proposals and instead became the chairman of the Law Commission. He received the Padma Vibhushan in 1999 and is revered as an icon of judicial independence.

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He inspired the nephew, Justice Sanjiv Khanna, with his legacy of courage and integrity, to become a lawyer. Justice Sanjiv Khanna follows in the footsteps of his uncle, carrying forward the principles and dedicating himself to serve with the same commitment to justice and personal freedoms as did Justice HR Khanna.