Outgoing CJI Sanjiv Khanna declares he will not accept post-retirement position

Chief Justice of India Sanjiv Khanna, who demitted office on Tuesday after a six-month tenure at the helm of the Supreme Court, has made it clear that he will not accept any government or official post after retirement.

Speaking to journalists following a ceremonial farewell at the Supreme Court, Justice Khanna said, “I will not accept any post-retirement post… perhaps will do something with law”.

This declaration marks a significant departure from the path taken by some of his predecessors, who accepted roles such as governors or members of the Rajya Sabha after their judicial careers.

Justice Khanna’s decision has been welcomed by many legal experts as a step towards reinforcing judicial independence and avoiding potential conflicts of interest that can arise when judges take up post-retirement assignments offered by the executive.

During his farewell address, Justice Khanna reiterated the importance of public trust in the judiciary, stating, “The public trust that judiciary has cannot be commanded. It has to be earned”236. He reminded the legal fraternity that lawyers are the conscience keepers of the institution and play a crucial role in upholding this trust.

Reflecting on his own , Justice Khanna highlighted the need for decisiveness and rationality in judicial decision-making, especially when dealing with sensitive matters.

He also addressed recent issues, such as the in-house inquiry against Justice Yashwant Varma, emphasizing that judicial thinking must be adjudicatory and balanced.

Justice Khanna’s decision not to accept a post-retirement role is particularly notable given his family’s legacy. He is the nephew of Justice H.R. Khanna, renowned for his principled dissent during the Emergency in the ADM Jabalpur case, which cost him the position of Chief Justice of India in 1977. The outgoing CJI’s stance echoes his uncle’s commitment to judicial independence and the primacy of constitutional values.

While Justice Khanna has ruled out any official post-retirement position, he indicated that his engagement with the field of law will continue in some capacity. “What ends today is not a career, but the beginning of another,” he remarked.

Justice B.R. Gavai, who was elevated to the Supreme Court alongside Khanna in 2019, will succeed him as the 51st Chief Justice of India. Justice Gavai has also publicly stated that he will not accept any post-retirement government role, signaling a possible shift in the judiciary’s approach to post-retirement appointments.