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13 May 2025, 01:37 PM
In his farewell address, outgoing Chief Justice of India Sanjiv Khanna raised concerns about a "truth deficit" in the legal profession and emphasised that the role of a judge is not to dominate the courtroom.
"As I step down from the bench, I would like to speak of something that bothers me- the truth deficit in our profession”, CJI Khanna said, addressing a gathering at the farewell function organised by the Supreme Court Bar Association.
I“A judge, above all is the seeker of truth. Mahatama Gandhi believed that Truth is sought not just in the institutional sense but as an idea to strive for. As truth is not just a fact, it is a legal force. And yet we come across cases of concealment and even deliberate mistatement of facts. I believe that this tems from a mistaken belief that unless some padding is introduced in the evidence, a case cannot succeed. This mindset is not only wrong but is does not work. In fact, it complicates the process, making the court's job significantly harder. Because behind every falsehood, we are forced to dig deeper and longer to uncover the truth."
Reflecting on his judicial philosophy, CJI Khanna added, “The job of the judge is not to dominate the courtroom, but neither to surrender.”
Marking the end of his 42-year-long career as a lawyer and judge, CJI Khanna said he was “eager to get rid of the judge” in him and looked forward to what felt like “the beginning of a new life.”
Paying tribute to his upbringing, he recalled his parents' life of simplicity and moral uprightness. “My mother, a professor of Hindi literature at Lady Shri Ram College, never wanted me to become a lawyer. She believed that my simplicity and straight-mindedness would not let me earn. I was never commercial-minded. She would be pleased that my decision was correct.”
CJI Khanna also shared a notable institutional achievement during his tenure, highlighting that for the first time in several years, the Supreme Court had achieved a case clearance ratio of over 100 per cent, reaching 106 percent.
"One goal which I would like to share, which I was partially able to achieve - the SC has, for the first time in several years achieved the case clearance ratio of more than 100% with reaching 106%. The Court disposed of more cases than were filed, allowing us to reduce the backlog,” he said.
Three Defining Judicial Experiences
In a deeply personal segment of his speech, CJI Khanna shared three experiences that left a lasting impact on him during his judicial journey:
Human Dignity in Habeas Petitions:While serving in the Delhi High Court, he was moved by habeas corpus cases involving young individuals who had defied societal norms to choose their partners. “These courageous young citizens challenged conventions, and their families often showed grace by accepting their choices. I avoided an adversarial courtroom setting. Instead, legal aid counsels met them over tea in my chambers—to comfort and remind them that they were not alone. These moments gave me immense hope in the justice system's potential—not just to resolve disputes but to drive social change and affirm human dignity.”
Legal Aid and the Rights of the Marginalised:CJI Khanna reflected on his interactions with jail inmates, undertrials, socially conscious police officers, and committed paralegal volunteers. “India is unique—legal aid is not a privilege, it is a right under the law. It extends beyond the accused to victims and families in need. While our legal aid framework is strong, we need more advocates working pro bono for the rights of the needy.”
Diversity of Thought in the Supreme Court:He appreciated the poly-vocal nature of the Supreme Court. “Despite its challenges, this multiplicity ensures that diverse perspectives are acknowledged across benches. It reflects the strength and pluralism of our judicial system.”
Justice Sanjiv Khanna retires after serving as the 51st Chief Justice of India. Justice B.R. Gavai is set to succeed him.
CJI Sanjiv Khanna's Legacy: Quietly Defending Constitution Through Trials By Fire