In a first for the Indian judiciary, the incumbent Chief Justice of India (CJI), Justice Sanjiv Khanna, participated in an international judicial conference during the working days of the Supreme Court, momentarily stepping away from court duties. Justice Khanna attended the 20th Conference of Chief Justices of Supreme Courts of Shanghai Cooperation Organisation (SCO) Countries, held in Hangzhou, China.
This marks a historic moment, as traditionally, Chief Justices have either avoided participating in such conferences during court sessions or deputed senior judges in their place. Even during India’s own hosting of the SCO Chief Justices’ Conference in 2023, the then CJI did not miss a single working day.
Context and Background
The Shanghai Cooperation Organisation (SCO), comprising 10 member states — China, Russia, India, Iran, Kazakhstan, Kyrgyzstan, Pakistan, Tajikistan, Uzbekistan, and Belarus — plays a significant role in fostering legal and judicial cooperation among its members. This year, China holds the rotating presidency of the SCO and is hosting a series of events to strengthen regional ties.
Justice Khanna, upon arrival in Hangzhou on April 21, was welcomed by Deng Xiuming, Executive Vice Chief Justice of the Supreme People’s Court of China, alongside officials from the Indian Consulate. His visit is part of India's larger commitment to strengthening judicial diplomacy and legal frameworks within the SCO region.
Break from Judicial Work: A Departure from Tradition
CJI Sanjiv Khanna’s week-long absence from judicial work was a notable departure from established practice. Traditionally, Chief Justices have only attended overseas judicial engagements during Supreme Court vacations to ensure the continuous functioning of the Court.
Between April 10 and 14, the Court had an official recess, and the CJI utilized this period for a vacation in Port Blair. Upon resumption, he held court between April 15 to 17. Following the Good Friday holiday and the weekend, the Court reopened on April 21, by which time Justice Khanna had already departed for China.
The absence comes at a crucial time, with CJI Khanna slated to retire on May 13, 2025. Upon his return, he faces a busy schedule, including two highly sensitive matters:
- Deciding the prayer for a stay on provisions of the Waqf (Amendment) Act, 2023, contested by over 150 Muslim petitioners and opposed by the Union government.
- Final decision regarding the inquiry into Justice Yashwant Varma, following the shocking discovery of unaccounted cash at his official residence.
Judicial Diplomacy and Its Significance
The CJI’s presence at the SCO Chief Justices’ Conference underscores the growing importance of judicial diplomacy — a concept where courts and judges engage internationally to promote rule of law, judicial reforms, and cross-border cooperation.
Given the increasing cross-border legal issues such as cybercrimes, transnational terrorism, and economic disputes, platforms like SCO offer valuable opportunities for collaborative efforts among member judiciaries.
It also reflects India's commitment to strengthening multilateral engagements, not just through political and economic fora but also through judicial dialogue.
Challenges and Concerns
However, the move has not been without controversy. Several retired Chief Justices and sitting judges, speaking anonymously, emphasized that the primary duty of the Chief Justice is towards ensuring the uninterrupted functioning of the Supreme Court. Traditionally, participation in external conferences was scheduled during court recesses or vacations to avoid disruption.
The apprehension is whether such absences could set a precedent impacting the regular functioning of the judiciary in the future.
Conclusion
Chief Justice Sanjiv Khanna’s participation in the SCO Chief Justices’ meet is a landmark moment in India's judicial history. While it promotes greater global judicial engagement, it also raises essential questions about balancing international responsibilities with domestic judicial obligations.
As India gears up for crucial judicial decisions in the coming weeks, all eyes will be on the Supreme Court and the leadership of Justice Khanna as he heads into the final stretch of his tenure.
