ANALYSIS
This submission met with a retort by his Lordship saying the law does not apply differently to a sitting Justice or to a retired Judge and the law shall take its course.
The prerequisite to comprehending the acumen of his Lordship, Chief Justice Jagdish Singh Khehar, is his judicial philosophy. The ensuing example will serve as a pointer. During the arguments in the CS Karnan Case, Senior Counsel KK Venugopal submitted to His Lordship that the Bench could punish a sitting Justice of High Court today or a retired Judge of the High Court a month later, implying a sense of salvage towards the judiciary’s sanctity.
This submission met with a retort by his Lordship saying the law does not apply differently to a sitting Justice or to a retired Judge and the law shall take its course.
The above buttresses the fact that His Lordship has a strong slant towards securing preambular aims of justice. His interpretation of the law always exhibits protection of constitutionalism and arch defence of constitutional values.
Justice V Ramaswami had seen immense potential and reposed trust in young Khehar by selecting him as his lawyer to defend him in a judicial inquiry, and subsequently impeachment proceedings against him. Justice Khehar was led by Mr Kapil Sibal and had the rare and a unique opportunity of addressing the Parliament of India in defence of Justice V Ramaswami.
In 2014, His Lordship was part of a division bench that rejected the writ petition on behalf of Sahara which alleged violations to principles of natural justice and upheld the order jailing Sahara chairman Subrata Roy.
His Lordship’s in-depth perception of law can be seen right from his High Court days. In Gurleen Kaur Vs State of Punjab, he beautifully explained the role courts should play in dealing with matters related to the question of faith.
He said, “Religion must be perceived as it is, and not as another would like it to be. The followers of a faith do not allow their beliefs to be questioned. Once a Court arrives at the conclusion that a particular aspect of a religion is fundamental and integral, as per the followers of the faith, it must be given effect to, irrespective of the views expressed on the said issue, based either on science or logic. It is not for the Court to determine whether it is forward looking or retrograde. Looking for an approach which would make the religion more acceptable to the present social thought of a forward looking section, shall certainly not be right.”
The NJAC Case saw a fierce protector of separation of powers and independence of the judiciary in him when he ruled that “Rule of law and independence of the judiciary are intertwined and inseparable as a part of the basic structure of the Constitution.” He added there is no question of accepting an alternate procedure which does not ensure primacy of the Judiciary in matters of selection and appointment of Judges to Supreme Court and High Courts, as also their transfers.
The Triple Talaq case (2017) which is a landmark judgment for our country has been beautifully dealt by the CJI by giving cogent reasons for his minority view. The last Constitution Bench delivered by him as the CJI was on the right to privacy. It would be remembered as one amongst India’s classic judgements that advanced horizons on legal jurisprudence; as right to privacy is a fundamental one now.
I must say that in all these judgements, one thing is common, that his writings are based not only on his conscience, but on the deep-rooted knowledge he possesses right from the days when he received the gold medal for his LLM to the days when he himself was an advocate in many of the landmark cases in our history.
From service law to election law to constitutional law; his flare of writing judgements reflected his personality i.e., being fair and just by balancing the scales of justice.
Chief Justice Khehar’s dedication and devotion to the Court and his approach of penning down judgements can be best described by Sonai Satamayor, an Associate Justice of the US Supreme who said, “My judicial philosophy is fidelity to the law.”
The author is president of the Supreme Court Bar Association
DNA TV Show: Why Pakistan worried about a Donald Trump presidency
Pakistan bow down as THIS country set to host India’s Champions Trophy 2025 matches
Amid heavy pollution in Delhi, these 12 Indian cities enjoy fresh, clean air
Bigg Boss 18: Vivian Dsena confides in Kashish Kapoor about his stepdaughters, talks about his...
After S Jaishankar's conference, India slams Canada for action against Australian news channel
Sidhu Moosewala's parents share NEW pic of his baby brother, netizens say 'so cute'
‘It definitely does a lot of good to my ego’: Aishwarya Rai gets candid in film promotion interview
Ignored for Australia Tests, India star slams sensational Ranji Trophy double ton
Interviewer asks Aishwarya Rai ‘how do you look so fab’, she says…
How Biden’s Lame-Duck Period Could Influence Policy Decisions After Choosing Not to Run in 2024
Watch: Viral video shows heated argument between passengers in Delhi metro
Virat Kohli's 'new chapter for me' post ahead of Border-Gavaskar Trophy sends internet into frenzy
Mukesh Ambani, India's richest man, donated over Rs 400 crore in one year, Gautam Adani gave Rs...
Delhi: Air pollution in national capital spike during Chhath Puja, AQI reaches 'severe' level
AUS vs PAK Live Streaming: When and where to watch Australia vs Pakistan 2nd ODI live in India?
'I gain weight as body...' Arjun Kapoor reveals being diagnosed with Hashimoto’s disease
Stark Visas: The Best Immigration Consultant in Delhi Sets Immigration Dreams High in Ahmedabad
KREEVA targets top 1% elite for its ultra-luxury homes in Delhi-NCR’s prime locations
Tata Group acquires another company for over Rs 18 crore days after Noel Tata joins board
WPL 2025 Retentions: Full list of players retained and released by all 5 franchises
ED raids main vendors of Amazon, Flipkart across multiple cities, including Delhi, Mumbai due to...
Anil Ambani suffers major setback, his company banned for 3 years due to...
Meet woman, a cuddler, professional hugger, earns Rs 7400 in 1 hour, she is...
Meet teen who started working from garage, now set to make Rs 25 crore at just 16 from...
Viral video: Slum children recreate Sabyasachi bridal wear, designer reacts; WATCH
Missing Home on Chhath Puja: Yearning and significance behind Bihar’s holy festival
Chhath Puja 2024 Day 4: Usha Arghya date, timings of sunrise, puja rituals, significance and more
Ricky Ponting wants Babar Azam to follow Virat Kohli's footsteps for THIS reason
Elon Musk's net worth surges by Rs 2193295096200 in a day after...
This fruit is called non-vegetarian, it is...
Meet India's richest female YouTuber, left teaching job, has Rs 43 crore net worth, now works as...
Meet man who was India's biggest con artist, he sold Taj Mahal, Rashtrapati Bhawan, Red Fort...
Nita Ambani reveals husband Mukesh Ambani follows a strict diet, here's what he eats
'Tu jhuti woh makkar': Influencer accuses 10-year-old of groping her; narrates ordeal in viral video
Richa Chadha, Ali Fazal name their daughter, Zuneyra Ida Fazal; it means...
After returning as President, what will happen to cases against Donald Trump? Know here
25-year-old turns temple thief, steals ornaments worth Rs 78 lakh for...
Why Mahindra XUV700 is perfect for road trips and off-road adventures
Mahindra Scorpio N: A legacy of toughness with a modern twist
'Capable of loving more women': Kamal Haasan's bold take on marriage and relationships goes viral
How reaction time and speed tests can give gamers a competitive edge
This is world’s most polluted city with AQI of 1165, it’s just 409 kms away from Delhi
Blow to Gautam Adani as his company's shares fell 7% due to...
Pune Porsche crash: Father of teen driver's friend surrenders before court
Geographic and political nature of drug trafficking sea routes to India
Delhi AQI Update: Air quality turns 'severe', AQI reaches...
Mukesh Ambani's SUPERHIT new plan for Jio users, offers 100 GB of free cloud storage for just Rs...
Delhi-Mumbai expressway to slash travel time to 25 minutes: Key stretch to open on...