->Advait.kansal at 08:03, 20 August 2021

2021-08-20T08:03:11Z

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{{short description|44th Chief Justice of India}}
{{Use Indian English|date=September 2017}}
{{Use dmy dates|date=September 2017}}
{{Infobox officeholder
| name = Jagdish Singh Khehar
| image = File:Justice Jagdish Singh Khehar (cropped).jpg
| order = [[List of Chief Justices of India|44th]]
| office = Chief Justice of India
| term_start = 4 January 2017
| term_end = 27 August 2017
| predecessor = [[T. S. Thakur]]
| successor = [[Dipak Misra]]
| office1 = [[Supreme Court of India|Judge of the Supreme Court of India]]
| term_start1 = 13 September 2011
| term_end1 = 3 January 2017
| appointer = [[Pranab Mukherjee]]
| office2 = Chief Justice of the [[Karnataka High Court]]
| term_start2 = 8 August 2010
| term_end2 = 12 September 2011
| predecessor2 = [[P. D. Dinakaran]]
| successor2 = [[Vikramajit Sen]]
| office3 = [[List of Chief Justices of the Uttarakhand High Court|7th Chief Justice of the Uttarakhand High Court]]
| term_start3 = 29 November 2009
| term_end3 = 7 August 2010
| predecessor3 = [[Tarun Agarwala]] {{small|(acting)}}
| successor3 = [[Barin Ghosh (judge)|Barin Ghosh]]
| birth_date = {{birth date and age|1952|8|28|df=yes}}
| birth_place = [[Nairobi]], [[British Kenya]], now [[Nairobi]], [[Kenya]]<ref>{{cite web|title=Jagdish Singh Khehar - Profile|url=https://www.privacyconference2018.org/en/jagdish-singh-khehar.html|publisher=2018 Privacy Conference|access-date=11 May 2020}}</ref>
| nationality = [[Indian citizen|Indian]] (1965-present); Kenyan (1963-1965); [[British citizen|British]] (1952-1963)
| alma_mater = [[Panjab University, Chandigarh]]
| occupation = [[Judge]]
| blank1 = Religion
| data1 = [[Sikhism]]
| footnotes = Source:<ref name="Justice Jagdish Singh Khehar - Profile"/>
}}

'''Jagdish Singh Khehar ''' (born 28 August 1952) was the 44th [[Chief Justice of India]] (CJI).<ref name="Justice Jagdish Singh Khehar - Profile">{{cite web|title=Justice Jagdish Singh Khehar - Profile|url=http://www.supremecourtofindia.nic.in/judges/sjud/jskhehar.htm|publisher=Supreme Court of India|access-date=27 September 2012|url-status=dead|archive-url=https://web.archive.org/web/20121113234034/http://supremecourtofindia.nic.in/judges/sjud/jskhehar.htm|archive-date=13 November 2012|df=dmy-all}}</ref><ref name="J S Khehar may become 1st Sikh Chief Justice of India in 2017">{{cite news|title=J S Khehar may become 1st Sikh Chief Justice of India in 2017|url=http://www.dayandnightnews.com:80/2011/09/j-s-khehar-may-become-1st-sikh-chief-justice-of-india-in-2017|archive-url=https://web.archive.org/web/20140521131219/http://www.dayandnightnews.com:80/2011/09/j-s-khehar-may-become-1st-sikh-chief-justice-of-india-in-2017/ |archive-date=2014-05-21|url-status=dead|work=Day & Night News|date=2011-09-01}}</ref> Khehar is the first CJI from the [[Sikh]] community.<ref>{{cite web|url=http://www.livemint.com/Politics/mn9rGecdyX5uG3ucnGxFlK/Chief-Justice-JS-Khehar-ends-his-eventful-tenure-with-a-ba.html|title=Chief Justice J.S. Khehar ends his eventful tenure with a bang}}</ref><ref>{{cite web|url=http://timesofindia.indiatimes.com/city/chandigarh/Justice-Khehar-had-defined-who-is-a-Sikh/articleshow/55843588.cms|title=Justice Jagdish Singh Khehar had defined who is a Sikh}}</ref> He has been a judge in [[Supreme Court of India]] from 13 September 2011 to 27 August 2017 upon superannuation.<ref name="Hindu 19 December 2016">{{cite news|url=http://www.thehindu.com/news/national/Justice-J.S.-Khehar-appointed-as-44th-Chief-Justice-of-India/article16906745.ece|title=Justice J.S. Khehar appointed as 44th Chief Justice of India|work=The Hindu|date=19 December 2016|access-date=19 December 2016}}</ref> He served for a brief period but gave many landmark Judgements such as the [[Triple Talaq]] and the [[Right to privacy|Right to Privacy]] Judgement. He was succeeded by Justice [[Dipak Misra]].

== Notable judgements ==
{{More citations needed section|date=July 2021}}
Justice J.S. Khehar led the five-judge Constitution Bench in Supreme Court Advocates on Record Association v. Union of India [2016(5) SCC 1]. By enabling the collegium system to continue, Justice J. S. Khehar, quashed the NJAC Act and also declared 99th Amendment to the Constitution unconstitutional. The majority concluded this judgment:

While adjudicating upon the merits of the submissions advanced at the hands of the learned counsel for the rival parties, I have arrived at the conclusion, that clauses (a) and (b) of Article 124A(1) do not provide an adequate representation, to the judicial component in the NJAC, clauses (a) and (b) of Article 124A(1) are insufficient to preserve the primacy of the judiciary, in the matter of selection and appointment of Judges, to the higher judiciary (as also transfer of Chief Justices and Judges, from one High Court to another). The same are accordingly, violative of the principle of "independence of the judiciary."
Justice Khehar further explained:

that clause (c) of Article 124 A (1) is ultra-vires the provisions of the Constitution, because of the inclusion of the Union Minister in charge of Law and Justice as an ex officio Member of the NJAC. Clause (c) of Article 124A (1), in my view, impinges upon the principles of "independence of the judiciary", as well as, "separation of powers". It has also been concluded by me, that clause (d) of Article 124A (1) which provides for the inclusion of two "eminent persons" as Members of the NJAC is ultra vires the provisions of the Constitution, for a variety of reasons. The same has also been held as violative of the "basic structure" of the Constitution.

But fascinatingly, Justice Khehar admitted that all is not well even with the collegium system and this is the time to improve it. However, the Supreme Court invited the government to help the judiciary to improve and better the existing collegium system.

*A three judges Bench of the Supreme Court headed by Justice J S Khehar upheld cancellation of admission of more than 300 candidates

Justice J. S. Khehar also headed a historic five judge Constitution bench in Nabam Rebia & Bamand Felix v. Bamang Felix Deputy Speaker & Others, [2016(8) SCC 1] that reinstated the Congress-led [[Government of Arunachal Pradesh|Arunachal Pradesh Government]] and held all the actions of the Governor violative of the Constitution. Alluding [[S. R. Bommai v. Union of India]] [(1994)3 SCC 1] Justice Khehar avowed that it had: "all the powers to put the clock back".

The Supreme Court Bench headed by Justice J S Khehar imposed an exemplary cost of Rs. 25 lakh on NGO Suraz India Trust for filing 64 frivolous cases in various high courts and also in the apex court and wasting the judicial time. (Decided on 1 May 2017).

Justice J S Khehar in State of Punjab vs. Jagjit Singh (Decided on 26 October 2016) gave a significant verdict holding that the principal of 'equal pay for equal work' has to be made applicable to those engaged as daily wagers, casual and contractual employees who perform the same duties as the regulars.

Justice J S Khehar was also a part of the bench which sent [[Sahara India Pariwar|Sahara]] Chief [[Subrata Roy]] to jail while hearing the matter relating to the refund of money invested by people in his two companies.

Heading a three-judge bench of [[Punjab and Haryana High Court]] Justice Khehar decided a case involving definition of a [[Sikh]]. He held that religion must be perceived as it is, and not as another would like it to be.<ref name="Justice Khehar had defined Sikh identity">{{cite news|date=12 September 2011|title=Justice Khehar had defined Sikh identity|newspaper=The Times of India|url=http://timesofindia.indiatimes.com/city/chandigarh/Justice-Khehar-had-defined-Sikh-identity/articleshow/9949820.cms|access-date=20 December 2016}}</ref>

=== 2G spectrum case ===
{{main|2G spectrum case}}

As an aftermath of [[Supreme Court of India|Supreme Court]]'s [[landmark decision]] in the [[2G spectrum case]], [[Govt of India]] filed a [[Presidential reference]] before the Supreme Court. Justice Khehar gave a separate [[concurring opinion]] in which he warned that the government should not be under erroneous impression that it is not necessary to allocate natural resources through auction.<ref name="Natural resources cannot be dissipated as charity: SC judge">{{cite news|title=Natural resources cannot be dissipated as charity: SC judge|url=http://www.firstpost.com/india/natural-resources-cannot-be-dissipated-as-a-matter-of-charity-sc-judge-471407.html|access-date=25 March 2013|newspaper=First Post|date=27 September 2012}}</ref>

{{Quote
|text = No part of the natural resource can be dissipated as a matter of largess, charity, donation or endowment, for private exploitation. Each bit of natural resource expended must bring back a reciprocal consideration.
|sign = Justice J. S. Khehar, [[Supreme Court of India]]
|source = <ref name="Natural resources cannot be dissipated as charity: SC judge"/>
}}

=== Triple talaq case ===
{{main|Triple talaq in India}}
Justice Khehar was one of the judges on multi-faith bench that heard the controversial Triple Talaq case in 2017.<ref>{{cite web|url=http://timesofindia.indiatimes.com/india/triple-talaq-case-muslim-judge-on-multi-faith-bench-kept-mum-all-through/articleshow/58741926.cms|title=Triple talaq case: Muslim judge on multi-faith bench kept mum all through}}</ref><ref>{{cite web|url=http://www.ndtv.com/india-news/5-supreme-court-judges-of-5-faiths-to-give-verdict-on-triple-talaq-1740329|title=5 Judges Of 5 Faiths Give Verdict On Triple Talaq}}</ref> Though Khehar upheld the practice of validity of Triple Talaq (Talaq-e-Biddat),<ref>{{cite web|url=http://www.livemint.com/Opinion/N3qknTP5WmCG1kGt1fF76I/Triple-talaq-verdict-has-not-gone-the-entire-distance.html|title=Triple talaq verdict has not gone the entire distance}}</ref> it was barred by the bench by 3:2 majority and asked the Central government to bring legislation in six months to govern marriage and divorce in the Muslim community.<ref>{{cite web|url=http://timesofindia.indiatimes.com/india/supreme-court-bars-triple-talaq-for-6-months-until-parliament-legislates-on-issue/articleshow/60170130.cms|title=Supreme Court declares triple talaq unconstitutional, strikes it down by 3:2 majority}}</ref><ref>{{cite web|url=http://www.hindustantimes.com/india-news/five-supreme-court-judges-who-will-pass-verdict-on-triple-talaq-issue/story-owThP7w19lxkMPh32aCwDP.html|title=Five Supreme Court judges who passed the verdict on triple talaq}}</ref> The court said till the government formulates a law regarding triple talaq, there would be an injunction on husbands pronouncing triple talaq on their wives.<ref>{{cite web|url=http://www.business-standard.com/article/news-ani/injunction-on-husbands-pronouncing-triple-talaq-until-law-is-made-sc-advocate-117082200380_1.html|title=Injunction on husbands pronouncing triple talaq until law is made: SC advocate}}</ref><ref>{{cite web|url=http://www.livelaw.in/supreme-court-said-triple-talaq-judgment-read-judgment/|title=This Is What Supreme Court Said In Triple Talaq Judgment [Read Judgment]}}</ref>

== Allegations ==
In 2017, the [[Committee on Judicial Accountability]] published the suicide note written by former [[Arunachal Pradesh]] Chief Minister, [[Kalikho Pul]]. In the note, Pul claimed that Khehar had demanded ₹49 crore (Para 15.22, Page 39) and ₹31 crore (Para 15.27, Page 41) in bribes from Pul for delivering a favourable verdict.<ref>{{Cite web|url=http://judicialreforms.org/wp-content/uploads/2017/02/pul-s-suicide-note.pdf|title=Former CM Kalikho Pul's suicide note}}</ref> The [[Committee on Judicial Accountability]] has demanded a probe in the matter.<ref>{{Cite web|url=http://judicialreforms.org/index.php/2017/02/17/cjar-covering-note-along-with-mr-kalikho-pul-former-arunachal-pradesh-cms-complete-suicide-note-without-redactions/|title=CJAR covering note along with Mr. Kalikho Pul, former Arunachal Pradesh CM’s complete suicide note (without redactions) – Campaign for Judicial Accountability & Judicial Reforms|website=judicialreforms.org|language=en-US|access-date=2017-02-21}}</ref>

== References ==
{{Reflist|30em}}<center>{{s-start}}{{s-legal}}
{{succession box
| title = [[Chief Justice of India]]
| years = 4 January 2017 - 27 August 2017
| before = [[T. S. Thakur]]
| after = [[Dipak Misra]]
}}
{{s-end}}</center>{{Chief Justices of India}}

{{authority control}}

{{DEFAULTSORT:Khehar, Jagdish Singh}}
[[Category:1952 births]]
[[Category:20th-century Indian judges]]
[[Category:21st-century Indian judges]]
[[Category:Chief Justices of India]]
[[Category:Chief Justices of the Uttarakhand High Court]]
[[Category:Chief Justices of the Karnataka High Court]]
[[Category:Indian Sikhs]]
[[Category:Judges of the Punjab and Haryana High Court]]
[[Category:Living people]]
[[Category:Panjab University alumni]]

Jagdish Singh Khehar - Revision history

->Advait.kansal at 08:03, 20 August 2021