Justice JS Khehar is set be the next Chief Justice of India after President Pranab Mukherjee formally gave his nod to his appointment. He will succeed CJI TS Thakur as the 44th Chief Justice of India after the latter demits office on 3 January.
The Chief Justice of India, the highest authority in the judiciary, is traditionally appointed on seniority basis, on the recommendation of the incumbent Chief Justice. As Justice Khehar was the senior-most judge after the Chief Justice TS Thakur, his name was recommended to the government on the principle of seniority. As Chief Justice, Khehar will have a tenure of over seven months as he would be retiring on 28 August, 2017.
Justice Khehar will be the first Sikh to occupy the highest office. However, as a report in Live Mint states, his appointment assumes importance as doubts were raised that Justice Khehar might be superseded by the government. A group of prominent lawyers had, earlier this month, urged the government to overlook Justice Khehar’s seniority, citing his verdict on the National Judicial Appointments Commission (NJAC) case.
Justice JS Khehar was heading the five-judge constitution bench that junked the National Judicial Appointments Commission for the appointment of judges as unconstitutional holding that it intruded upon the independence of judiciary.
Incidentally, Justice Khehar also presided over the five judges’ constitution bench that had quashed the then Arunachal Pradesh Governor Jyoti Prasad Rajkhowa’s decision to advance the assembly session from January 2016 to December 2015, as it directed restoration of ousted Chief Minister Nabam Tuki’s government. But subsequent political developments in Arunachal Pradesh took a different course.
Having done LLB and LLM from Punjab University, Chandigarh, Justice Khehar was awarded gold medal for securing first position in the university LLM examination.
Before being elevated as a judge of the Punjab and Haryana High Court in Chandigarh on February 8, 1999, Justice Khehgar had practised before it as well as the Himachal Pradesh High Court and the Supreme Court. He was twice appointed as the acting Chief Justice of Punjab and Haryana High Court from 2 August, 2008, and again from 17 November, 2009.
He was elevated as Chief Justice of Uttrakhand High Court on 29 November, 2009. Later, he was transferred as Chief Justice of Karnataka High Court.
Justice Khehar was elevated as judge of the Supreme Court on 13 September, 2011.
First Published On : Dec 19, 2016 21:46 IST