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Justice Jagdish Singh Khehar: A Life Of Judicial Legacy And Constitutional Contributions

Justice Jagdish Singh Khehar, who's set to be awarded the prestigious Padma Vibhushan in 2025 for his contributions to the field of public affairs, has left an indelible mark on India’s judiciary.

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Justice Jagdish Singh Khehar: A Life Of Judicial Legacy And Constitutional Contributions


Justice Jagdish Singh Khehar, who’s set to be awarded the prestigious Padma Vibhushan in 2025 for his contributions to the field of public affairs, has left an indelible mark on India’s judiciary. As the first Sikh Chief Justice of India, his career was marked by bold rulings, an unwavering commitment to the rule of law, and a series of landmark judgments that often placed him at odds with the political executive. Justice Khehar’s judicial legacy is not just a testament to his legal acumen but also to his unyielding belief in constitutional integrity and the protection of individual rights.

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The Legacy of Judicial Independence

Justice Khehar’s tenure as Chief Justice of India (CJI) from January 2017 to August 2017 was marked by his staunch defense of judicial independence, especially when the judiciary came under scrutiny from the executive. One of his landmark rulings in the year 2015, the judgment in the National Judicial Appointments Commission (NJAC) case, was a defining moment for the Indian judiciary. Khehar and the majority of the Bench ruled that the NJAC Act, which sought to give the executive greater control over the appointment of judges, was unconstitutional. This judgment upheld the primacy of the judicial collegium system in the appointment of judges to the higher courts.

In a time when demands for judicial reforms were mounting, Justice Khehar’s bold decision protected the judiciary’s autonomy, preventing a political interference that could have undermined the independence of the courts. He even took the unconventional step of inviting public suggestions to improve the collegium system, though, unfortunately, this reform did not materialize during his tenure.

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Triple Talaq Verdict: A Defender of Religious Freedom

In 2017, Justice Khehar, leading a multi-faith bench, delivered one of the most contentious judgments of his career when he upheld the practice of Triple Talaq (instant divorce) in his minority verdict. The case was brought before the Supreme Court amidst growing calls to ban the practice, which was seen by many as a violation of women’s rights. However, Justice Khehar ruled that Triple Talaq was an integral part of the Muslim community’s religious practice, thus making it a matter of religious freedom under the Constitution. While the majority of the bench agreed to declare the practice unconstitutional, Khehar’s stance emphasized his respect for the freedom of religion and his belief in the importance of preserving constitutional rights, even when they conflicted with social reform efforts.

Right to Privacy: Protecting Personal Freedoms

Another defining moment in Justice Khehar’s tenure was his leadership in the landmark judgment in 2017 that elevated the right to privacy to a fundamental right under Article 21 of the Constitution. The case involved a challenge to the government’s surveillance programs and the Aadhaar biometric identification system. In a nine-judge Bench, Justice Khehar and his colleagues ruled that the right to privacy was intrinsic to the right to life and liberty. This judgment was a watershed moment in Indian jurisprudence, expanding the scope of privacy protections in an era of increasing state surveillance.

The Union government had argued that privacy was an elitist concept, but Justice Khehar’s ruling stood firm on the principle that personal privacy was essential for dignity and freedom. This ruling protected citizens from unwarranted government intrusion and was seen as a critical step in safeguarding individual rights.

Toughness in Upholding Justice

Justice Khehar was also known for his no-nonsense approach when it came to disciplining judges who failed to uphold the integrity of the judiciary. In 2017, he led a bench that passed a landmark judgment sentencing a sitting Madras High Court judge, CS Karnan, to six months in prison for contempt of court. Justice Karnan had been embroiled in a series of controversies, including accusations of corruption and misconduct. The decision to imprison a sitting judge sent a strong message about the importance of judicial accountability and integrity.

His tenure also saw his involvement in key judicial inquiries, such as the investigation into the grounds for the removal of Justice P.D. Dinakaran from the Karnataka High Court and the defense of Justice V. Ramaswami in an impeachment case. These cases reflected Khehar’s commitment to holding judges accountable and maintaining the dignity of the judiciary.

The Arunachal Pradesh Crisis

Another pivotal moment in Justice Khehar’s career came in 2016 when he led a bench that quashed the decision to impose President’s Rule in Arunachal Pradesh, effectively restoring the democratically elected Congress government led by Nabam Tuki. This case was politically charged, with the BJP government in power at the time backing the dismissal of the state government. The Supreme Court’s verdict was a significant defense of the democratic process and a reaffirmation of the Constitution’s protection against arbitrary executive actions.

The judgment was widely seen as a victory for the principles of federalism and political stability, as the Supreme Court overruled the Governor’s actions, which had been seen by many as politically motivated.

Recognition of Justice Khehar’s Contributions

In recognition of his outstanding contributions to Indian law and his pivotal role in shaping the judiciary’s independence, Justice Jagdish Singh Khehar was awarded the Padma Vibhushan, India’s second-highest civilian award, in 2025. The Padma Vibhushan was conferred upon him for his unmatched service to the Indian legal system and his unwavering commitment to upholding the Constitution. His judicial legacy is one of courage, integrity, and an unwavering belief in constitutional values, often standing up against political pressures in his pursuit of justice.

Justice Khehar’s life and career serve as an inspiration for aspiring legal professionals and a reminder of the critical role the judiciary plays in maintaining the balance of power in a democracy. His influence continues to resonate through the legal landscape, particularly in the realms of judicial independence, the protection of individual rights, and the promotion of justice.

In conclusion, Justice Jagdish Singh Khehar’s judicial career has been one of remarkable resilience, judicial wisdom, and principled stances on the Constitution. His recognition with the Padma Vibhushan is a fitting tribute to a man who has made an enduring impact on India’s legal and constitutional framework.

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