Former CJI Khehar earns government’s appreciation despite taking contrarian positions

Justice Khehar's name for the second highest civilian honour might come as a surprise to many as his judgments and opinions collided with the views of the Union government. (Source: PTI/File)

On January 25, the President of India approved the Padma Vibhushan conferment on former Chief Justice of India Jagdish Singh Khehar. Justice Khehar was the 44th CJI and the first Sikh judge to have held the top post. He became the Chief Justice of India on January 4, 2017, before retiring on August 27, 2017.

Background

He graduated from Government College, Chandigarh in 1974 and received his LL.B and LL.M. degrees from Panjab University in 1977 and 1979, respectively. He practised mainly in the Punjab and Haryana High Court and was appointed as Additional Advocate General, Punjab, in 1992. He was designated as a Senior Advocate in 1995.

Justice Khehar also appeared as counsel for Mr M. Krishnaswamy, in defence of Supreme Court Judge Mr Justice V. Ramaswami before the Judges Inquiry Committee. This committee was constituted to investigate the grounds on which the removal of Justice V. Ramaswami was sought.

Justice Khehar was elevated to the High Court of Punjab and Haryana in 1999. He was made Acting Chief Justice of the Punjab and Haryana High Court twice and was elevated to Chief Justice of the High Court of Uttarakhand in 2009.

In 2010, he was made a member of the Judges Inquiry Committee for investigating the removal grounds of Karnataka High Court Chief Justice Mr P.D. Dinakaran.

He assumed office as Judge in the Supreme Court in 2011. In 2017, he led the Bench which decided to sentence a sitting High Court judge, CS Karnan, to six months imprisonment for contempt.

Justice Khehar's name for the second highest civilian honour might come as a surprise to many as his judgments and opinions collided with the views of the Union government.

Landmark judgements

Under his chief justiceship, it was a five-judge bench led by him that had quashed the NJAC Act and also declared the 99th Amendment to the Constitution unconstitutional which was meant to replace the Collegium system of appointment of judges. In this judgment, the Supreme Court also declined the prayer to revisit or review the judgments rendered by the apex court in the Second and Third Judges cases.

While responding to objections about whether he should preside over the bench deciding the constitutional validity of the NJAC Act, Justice Khehar wrote: “A Judge before he assumes his office, takes an oath to discharge his duties without fear or favour. He would breach his oath of office, if he accepts a prayer for recusal, unless justified. It is my duty to discharge my responsibility with absolute earnestness and sincerity. It is my duty to abide by my oath of office, to uphold the Constitution and the laws. My decision to continue to be a part of the Bench, flows from the oath which I took, at the time of my elevation to this Court.”

In the Shayra Bano case (2017), in a minority verdict, Justice Khehar upheld triple talaq as a fundamental right. He observed “Constitution of India: Art.25 and Arts. 14, 15 and 21 - 'Talaq e-biddat ', does not violate the parameters expressed in Art.25 The practice is not contrary to public order, morality and health. The practice also does not violate Arts.14, 15 and 21 of the Constitution, which are limited to State actions alone”.

As Chief Justice of India, Justice Khehar was also part of a nine-judge Bench that made the right to privacy a fundamental right.

In Nabam Rebia, And Bamang Felix V. Deputy Speaker and Others, a bench headed by Justice Khehar quashed the order of the Governor preponing the 6th session of the Arunachal Pradesh Legislative Assembly. The Court also restored the status quo ante as it prevailed on 15.12.2015. Justice Khehar also set aside all steps and decisions taken by the Arunachal Pradesh Legislative Assembly, pursuant to the Governor's order and message dated 9.12.2015.