Jagdish Singh Khehar

Justice Jagdish Singh Khehar (born 28 August 1952) was the 44th Chief Justice of India (CJI). Khehar is the first CJI from the Sikh community. He has been a judge in Supreme Court of India from 13 September 2011 to 27 August 2017 upon superannuation. He retired on the 25/07/2017, He served for brief period but gave many landmark Judgements such as the Triple Talaq and the Right to Privacy Judgement. He was succeeded by Justice Deepak Misra.

Childhood & Early Life

· 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).

Career

· 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 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 Chief Subrata Roy to jail while hearing the matter relating to the refund of money invested by people in his two companies.

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Major Works

·As an aftermath of Supreme Court's landmark decision in the 2G spectrum scam, 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.

·Justice Khehar was one of the judges on multi-faith bench that heard the controversial Triple Talaq case in 2017. Though Khehar upheld the practice of validity of Triple Talaq (Talaq-e-Biddat), 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. 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.

Personal Life & Legacy

· Taking into account the serious allegations against various constitutional functionaries, Justice Khehar directed that the whole matter requires a serious judicial deliberation. Pursuant to this order, the matter was listed before a division bench.

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Jagdish Singh Khehar

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