Meet Justice Jagdish Singh Khehar and his Notable Judicial decisions
- ByPravleen Kaur --
- 17 Jun 2025 --
- 0 Comments
Justice Jagdish Singh Khehar, born on August 28, 1952, in Nairobi, Kenya, made history as the 44th Chief Justice of India and the first Sikh to hold the position. His Supreme Court tenure spanned from September 2011 to August 2017, with a brief but impactful period as Chief Justice from January 4 to August 27, 2017. Justice Khehar was renowned for his commitment to judicial independence, constitutional values, and landmark decisions that shaped Indian law and governance.
Judicial Career and Philosophy
Justice Khehar began his judicial career in the Punjab and Haryana High Court in 1999, later serving as Chief Justice in the Uttarakhand and Karnataka High Courts before his elevation to the Supreme Court. As a jurist, he was known for his boldness, clarity, and advocacy for the judiciary’s autonomy, often taking principled stands in high-stakes constitutional matters. He authored 176 Supreme Court judgments, with a focus on constitutional, criminal, and service law.
Landmark Judgments
1. Supreme Court Advocates-on-Record Association v. Union of India (NJAC Case, 2015)
Justice Khehar led the five-judge Constitution Bench that struck down the National Judicial Appointments Commission (NJAC) Act and the 99th Constitutional Amendment as unconstitutional. The Court held that judicial independence, a basic structure of the Constitution, would be compromised by political interference in judicial appointments, thereby reaffirming the collegium system for appointing judges.
2. Shayara Bano v. Union of India (Triple Talaq Case, 2017)
Justice Khehar headed the bench that declared the practice of instant triple talaq (talaq-e-biddat) unconstitutional. While his own opinion favored a legislative solution and a temporary stay, the majority judgment, with his concurrence, ended a centuries-old practice, advancing gender justice and the rights of Muslim women.
3. Right to Privacy (Puttaswamy v. Union of India, 2017)
Justice Khehar was part of the nine-judge bench that unanimously held the right to privacy as a fundamental right under the Indian Constitution, laying the foundation for significant reforms in data protection, surveillance, and individual liberty.
4. State of Punjab v. Jagjit Singh (2016) – Equal Pay for Equal Work
Justice Khehar authored a significant judgment holding that temporary, daily wage, and contractual employees performing the same duties as regular employees are entitled to equal pay, invoking Articles 14, 38(2), and 39 of the Constitution.
5. Arunachal Pradesh Political Crisis (Nabam Rebia Case, 2016)
He led the bench that reinstated the Congress-led Arunachal Pradesh government, holding that the Governor’s actions were unconstitutional and reaffirming judicial oversight in matters of federalism and state governance.
Legacy
Justice J.S. Khehar is remembered for his fearless defense of judicial independence, progressive stances on gender and social justice, and landmark contributions to constitutional law. His judgments continue to influence debates on the separation of powers, individual rights, and the role of the judiciary in Indian democracy.
RELATED Blog
0 comments