As the tenure of Chief Justice of India Sanjiv Khanna comes to an end, let’s take a look at some of the major judgments delivered by the 51st CJI that not only altered the course of history but also shaped the destiny of the country.
Challenge to the 42nd Amendment to the Constitution
Soon after assuming office on November 11, 2024, CJI Khanna dismissed three petitions challenging the 42nd Amendment to the Constitution of India, which added terms like ‘socialist’ and ‘secular’ to its Preamble.
The Bench of Chief Justice of India Sanjiv Khanna and Justice PV Sanjay Kumar observed on November 25, 2024 that there was no need to further deliberate and adjudicate on the writ petitions as the amending power of the Parliament over the Constitution extended to the Preamble as well.
It said the process could not be nullified after the passage of many years. The date of the adoption would not curtail the government’s power under Article 368, which was not under challenge in the current petitions.
The top court of the country further observed that it has adverted to what socialism and secularism would mean in the Indian context and how the policy on the same was to be framed by the government.
The petitions were filed by former Rajya Sabha Member of Parliament (MP) and BJP leader Subramanian Swamy, Advocate Ashwini Upadhyay, and one Balram Singh.
Challenge to Places of Worship Act, 1991
On December 12, 2024, the Bench of Chief Justice of India Sanjiv Khanna, Justice PV Sanjay Kumar and Justice KV Viswanathan stayed proceedings in around 18 petitions challenging the constitutional validity of the Places of Worship (Special Provisions) Act, 1991.
Stating that it was on vires as well as on the ambit of the Act, the Bench directed that no new suits could be registered till this Court disposed of the petitions challenging the provisions of the Act. The trial courts were ordered not to pass any verdict or order any survey on suits challenging the Act.
Noting that the Act expressly prohibited the institution of any suit that disputed the religious character of an existing religious structure, as it stood on August 15, 1947, the Apex Court observed that this was affirmed by a Constitution Bench in the Ayodhya verdict also.
The order followed a series of verdicts delivered by trial courts ordering survey of mosques over claims that they were built after destroying temples, including the November 19 order of a local court in Sambhal, which led to violence in the Uttar Pradesh district.
Waqf Amendment Act, 2025
On April 17 this year, the Bench of Chief Justice of India Sanjiv Khanna, Justice PV Sanjay Kumar and Justice KV Viswanathan directed the Centre to maintain status quo and refrain from appointing non-Hindus to state waqf boards and Central Waqf Council. The Centre assured the Apex Court that it would not do any such appointments or de-notify the existing court-declared waqfs.
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