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Sanjay Karol
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Sanjay Karol (born 23 August 1961) is serving as a judge in Supreme Court of India.[1] He is a former chief justice of the Patna High Court and Tripura High Court.[2] He has also served as judge and acting chief justice of the Himachal Pradesh High Court. He also served as Advocate General of Himachal Pradesh.[3]

Key Information

Career

[edit]

Sanjay Karol was born in Shimla in 1961. He passed from St. Edward's School, Shimla and graduated with History Honours from Government College, Sanjauli. Sanjay Karol obtained a law degree from Faculty of law, Himachal Pradesh University and in 1983 he was enrolled as an advocate, practiced in various courts.

He was appointed as Advocate general for Himachal Pradesh in 1998 when Prem Kumar Dhumal became chief minister following 1998 Himachal Pradesh Legislative Assembly election. He was appointed as judge of the Himachal Pradesh High Court in 2007 and also served as its Acting Chief Justice of that High Court from 25 April 2017 till appointment of Surya Kant as permanent chief justice on 5 October 2018.[4][5] Justice Karol became the fourth Chief Justice of Tripura High Court on 14 November 2018.[6] He was transferred as Chief Justice of Patna High Court on 11 November 2019.[7]

He was recommended by Supreme Court collegium to be elevated as judge of Supreme Court of India on 13 December 2022.[8]However central government cleared his appointment only in February 2023 and he took oath on 6 February 2023.[9]

References

[edit]
Revisions and contributorsEdit on WikipediaRead on Wikipedia

Sanjay Karol

View on Grokipedia
from Grokipedia
Justice Sanjay Karol (born 23 August 1961) is an Indian jurist serving as a Judge of the since 6 February 2023, with a term extending until his retirement on 22 August 2026. Hailing from Garli village, the first heritage village of in , , he obtained a from in and enrolled as an advocate in 1986, practicing in various courts including the . Appointed as a judge of the on 8 March 2007, he progressed through elevations to Chief Justice of the and subsequently the before his appointment to the apex court. His judicial tenure has involved adjudicating matters across civil, criminal, and constitutional domains, reflecting a career grounded in appellate and at high court and supreme court levels.

Early Life and Education

Family Background and Upbringing

Justice Sanjay Karol was born on 23 August 1961 in , . He hails from Garli village, Tehsil Dehra Gopipur, in the , recognized as India's first heritage village. Karol spent his early childhood in , the picturesque summer capital of , which shaped his formative years amid the region's natural surroundings and cultural heritage.

Academic Qualifications

Sanjay Karol completed his schooling at St. Edward's School in . He subsequently earned a with honours in from Government College, . Following this, Karol obtained a degree in law from in , which qualified him for enrollment as an advocate.

Enrollment and Initial Practice

Sanjay Karol enrolled as an in 1986 upon completing his law degree from . Following enrollment, he began his legal practice in multiple jurisdictions, appearing before the as well as High Courts in Delhi and other regions. His early work involved independent advocacy across diverse benches, building experience in high-stakes litigation without immediate elevation to prominent state roles. Karol's initial practice focused on constitutional matters, taxation disputes, , service-related cases, and proceedings, reflecting a broad foundational engagement with civil and commercial litigation. This period, spanning roughly twelve years, established his reputation in these domains prior to his designation as for in 1998.

Areas of Specialization and Key Roles

Sanjay Karol enrolled as an in 1986 and engaged in practice across and various high courts, specializing in , taxation, corporate matters, civil disputes, and criminal cases. His included representation in the Inter-State Water Dispute concerning the Bhakra Beas Management Board (BBMB). A pivotal role came in 1998 when he was appointed of , serving until 2003 and advising the state on constitutional issues. In 1999, the conferred on him the designation of Senior Advocate, recognizing his expertise. These positions underscored his prominence in state-level constitutional advocacy prior to his judicial elevation in 2007.

Judicial Career

Appointment to Himachal Pradesh High Court

Sanjay Karol was elevated as a Judge of the on 8 March 2007, following recommendations from the collegium and approval by the , in line with the constitutional process under Article 217 of the Indian Constitution. Prior to his judicial appointment, Karol had established a robust legal practice, including enrollment as an in 1984 and appearances before the , , and other forums, with a focus on civil, constitutional, and service matters. His prior service as for from 1998 to 2003, combined with designation as a Senior Advocate by the in 1999, positioned him as a candidate with significant state-level expertise and institutional familiarity, which likely influenced the collegium's assessment of his suitability for the bench. During his tenure at the , which spanned over eleven years until his transfer, Karol handled a diverse caseload and later served as Acting , demonstrating administrative acumen in judicial oversight.

Chief Justiceships in Tripura and Patna High Courts

Sanjay Karol was appointed Chief Justice of the Tripura High Court on 9 November 2018 and took oath on 14 November 2018, succeeding Justice Ajit Singh. His tenure lasted until 10 November 2019, during which he served as patron-in-chief of the Tripura Legal Services Authority. Under Karol's leadership, the focused on improving judicial efficiency, with reports noting a reduction in case pendency and the achieving one of the highest disposal rates among Indian high courts during this period. He emphasized administrative reforms to expedite case resolutions, contributing to the clearance of longstanding backlogs in a handling diverse civil, criminal, and constitutional matters in the northeastern state. On 11 November 2019, Karol was transferred and appointed of the , assuming office that day after Justice Ajay Kumar Tripathi. He held the position for over three years, until his elevation to the on 6 February 2023, making him the 43rd of the . During this time, he also acted as patron-in-chief of the Bihar State Legal Services Authority, overseeing programs and access to justice initiatives for underserved populations. Karol's administration at prioritized case management amid a high volume of litigation, including Bihar's complex land disputes and criminal appeals, though specific pendency metrics during his tenure reflect ongoing challenges typical of overburdened high courts rather than dramatic shifts reported elsewhere. His leadership emphasized procedural streamlining and coordination with subordinate to maintain constitutional timelines where feasible.

Elevation to Supreme Court of India

Justice Sanjay Karol, then Chief Justice of the , was recommended for elevation to the by the Supreme Court Collegium on December 13, 2022, as part of a batch of five judges comprising Chief Justices (Rajasthan High Court), (Manipur High Court), (Patna High Court), and (Allahabad High Court). The Collegium, headed by Chief Justice D. Y. Chandrachud, emphasized the need to address the Supreme Court's vacancies, which stood at 33 against a sanctioned strength of 34 at the time. The Union Government issued the formal order of appointment on February 4, 2023, clearing the Collegium's recommendation after initial delays amid ongoing discussions on judicial appointments. Karol took oath as a on February 6, 2023, administered by Chief Justice in the presence of other s and dignitaries. This elevation brought the closer to full strength, reducing vacancies to two. Prior to his appointment, Justice Karol had served as of the since February 2022, following his tenure as of the . His selection aligned with the Collegium's criteria of , merit, and representation from high courts, particularly considering his over 15 years of judicial experience since his initial appointment to the in 2007. Justice Karol is scheduled to retire on August 22, 2026, upon attaining the age of 65.

High Court Decisions

In the , Justice Sanjay Karol, as part of a , took suo motu cognizance of the acute water crisis in in 2017, directing the state government to implement short-term and long-term measures for , including and reducing leakages in supply systems. As Chief Justice of the Tripura High Court, Justice Karol authored the 2019 judgment in Sri Subhas Bhattacharjee v. State of Tripura, imposing a complete ban on animal and bird sacrifices within temple precincts across the state. The court held that such practices do not constitute essential religious practices protected under Article 25 of the Constitution, emphasizing the fundamental rights of animals to live with dignity and prohibiting state sponsorship of sacrifices, such as providing goats for rituals at the Tripureswari Temple. This ruling marked the first cessation of the 525-year-old tradition during Durga Puja observances, prioritizing constitutional protections over customary rituals. In the , as , Justice Karol delivered the 2022 decision in National Highway Projects v. State of , recognizing the right to —specifically access to clean public toilets along highways—as a fundamental right under Article 21 of the Constitution. The court directed the (NHAI) and the government to construct and maintain functional public toilets at regular intervals on , holding that the absence of such facilities violates human dignity and public health. This expanded the interpretive scope of the to encompass , with ongoing monitoring ordered to ensure compliance.

Supreme Court Rulings on Inheritance and Customary Law

In Ram Charan & Ors. v. Sukhram & Ors. (2025 INSC 865), decided on July 17, 2025, a bench comprising Justices Sanjay Karol and Joymalya Bagchi addressed rights among members of the Gond Scheduled Tribe in . The appellants, legal heirs of a deceased tribal named Dhaiya, sought an equal share in her ancestral , which had been partitioned exclusively among her male siblings under lower court rulings that cited the absence of a proven custom entitling females to equivalent . The overturned these decisions, holding that neither party had established a specific of succession for the Gond community, and in such evidentiary voids, courts must resort to principles of equity, justice, and constitutional non-discrimination under Articles 14, 15, and 21 of the Indian . The judgment emphasized that longstanding customs excluding female heirs lack rational basis in modern contexts, stating that "customs must evolve" and cannot perpetuate without justification, thereby entitling the woman's heirs to an equal one-sixth share alongside her brothers' descendants. This ruling positioned constitutional morality as a default mechanism when tribal customs remain unproven or static, prioritizing empirical fairness over unverified traditions. Contrasting this, in Nawang v. Bahadur, decided on October 8, 2025, Justices Sanjay Karol and Prashant Kumar Mishra examined the applicability of the Hindu Succession Act, 1956 (HSA) to Scheduled Tribes in Himachal Pradesh's tribal areas, such as Kinnaur. The case arose from a High Court order that had extended coparcenary rights to daughters in ancestral property under the 2005 HSA amendment, despite the parties belonging to a Scheduled Tribe. The Supreme Court set aside the High Court judgment, reiterating that Section 2(2) of the HSA explicitly exempts Scheduled Tribes, meaning inheritance devolves strictly according to prevalent tribal customs rather than statutory Hindu law. The bench clarified that without proof of a local custom conferring equal rights to female heirs—such as in patrilineal tribal systems where property passes to male descendants—daughters cannot claim HSA-equivalent shares, as this would undermine the legislative intent to preserve autonomous tribal practices notified under the Constitution (Scheduled Tribes) Order, 1950. This decision underscored the primacy of verifiable customary law for Scheduled Tribes, cautioning against judicial overreach in imposing uniform statutory norms on diverse indigenous systems absent legislative amendment. These rulings reflect a balanced judicial in Justice Karol's jurisprudence: deference to empirically established tribal as autonomous legal orders, coupled with for constitutional repugnancy where exclude women without proven societal necessity or when evidence fails. In , the absence of custom triggered equality as a remedial default, advancing gender equity without abrogating tribal . Conversely, Nawang reinforced that the HSA's exclusion for Scheduled Tribes (applicable to over 10% of India's per 2011 Census data) mandates proof of custom for deviations, preventing erosion of unless violate post-rigorous testing. Both cases highlight the evidentiary burden on claimants to substantiate via historical records, , or anthropological evidence, aligning with precedents like Madhu Kishwar v. State of (1996) while adapting to evolving social realities.

Other Significant Cases

In the case of Gene Campaign v. Union of India (2024), a Constitution Bench delivered a split verdict on the commercial release of genetically modified (GM) mustard variety DMH-11, with Justice Karol, differing from Justice B.V. Nagarathna, holding that the regulatory approvals by the Genetic Engineering Appraisal Committee (GEAC) were procedurally compliant and that any ban on herbicide-tolerant (HT) crops would be a policy matter best left to executive discretion rather than judicial intervention. Justice Karol emphasized empirical data from field trials demonstrating no significant ecological risks beyond those of non-GM varieties, rejecting blanket prohibitions absent concrete evidence of harm, while critiquing petitioners' reliance on unverified assumptions about gene flow and biodiversity loss. Justice Karol has authored or concurred in several Supreme Court rulings acquitting appellants in serious criminal cases due to investigative lapses, underscoring the principle of benefit of doubt. In Akthar Ali v. State (NCT of Delhi) (2025), he led a bench that overturned a death sentence for the rape and murder of a 7-year-old girl, citing "strong inference of evidence planting" from discrepancies in DNA profiles, seizure memos, and witness testimonies that suggested post-facto fabrication by police. Similarly, in a 2025 acquittal of a man on death row for double murder and rape, the Court highlighted faulty investigation including mishandled DNA evidence, issuing nationwide guidelines mandating strict chain-of-custody protocols, tamper-evident sealing, and independent verification to prevent contamination. On constitutional rights, Justice Karol ruled in a 2025 judgment that the freedom to carry on trade or business under (1)(g) encompasses the corollary right to temporarily shut down operations, rejecting state-imposed mandates for continuous functioning as violative of economic liberty absent compelling public interest justification. In another ruling, the Court under his bench quashed a charge stemming from an alleged false promise of in a consensual long-term live-in relationship spanning over two years, deeming it a "vehicle for vengeance" rather than genuine vitiation, given the absence of initial deceit or material misrepresentation. In Union of India v. Freight Traders (2025), Justice Karol upheld the Railways' authority under Section 66 of the Railways Act, 1989, to impose penalties for misdeclared goods even post-delivery, affirming that statutory recovery mechanisms prioritize fiscal accountability over procedural technicalities like prior notice, provided demands are quantified with specificity. These decisions reflect a consistent emphasis on evidentiary rigor, procedural safeguards, and deference to specialized regulatory expertise where empirical validation supports executive actions.

Judicial Philosophy

Approach to Constitutional and Customary Issues

Justice Sanjay Karol's judicial approach to constitutional issues emphasizes the living nature of the , interpreting it purposively to embody principles of equality, equity, and while subordinating discriminatory practices to under Articles 14 and 21. In extrajudicial remarks, he has described the as a dynamic guide extending beyond citizens to all humanity, urging its application through awareness and holistic reasoning rather than rigid formalism. This perspective informs his rulings, where constitutional mandates prevail over static customs, particularly in balancing tribal autonomy with . In matters of , particularly inheritance among Scheduled Tribes, Justice Karol has consistently held that statutes like the Hindu Succession Act, 1956, do not apply due to Section 2(2)'s exclusion of tribal members, leaving governance to proven or, in their absence, principles of justice, equity, and good conscience under historical laws like the Laws Act, 1875. However, he subordinates to constitutional scrutiny: discriminatory practices lacking rational nexus, such as gender-based exclusion from ancestral property, violate Article 14's equality guarantee and must yield to evolving norms aligned with dignity and non-discrimination. A landmark illustration is the July 17, 2025, ruling in Ram Charan v. Tirith Kumar, where the bench, led by Justice Karol, overturned lower courts' denial of equal shares to a deceased Gond tribal woman's heirs, observing that no evidence proved an exclusionary custom and that assuming female disqualification based on historical silence was unconstitutional. The judgment stressed that customs "cannot remain stuck in time" and must evolve to reflect equity, applying Maneka Gandhi v. Union of India (1978) to deem gender exclusions arbitrary absent justification. This established a "constitutional default" of equality where customs fail evidentiary or rights-based tests, prioritizing female heirs' claims under equity principles. Conversely, in Nawang v. Bahadur on October 8, 2025, Karol reiterated the non-applicability of the Hindu Succession Act to Scheduled Tribes, overturning a order that had extended its provisions to grant inheritance rights to tribal women, affirming that unproven or constitutionally compliant customs govern devolution. The decision underscores deference to established tribal practices where they do not demonstrably infringe , but implicitly requires ongoing alignment with constitutional evolution, as discriminatory customs remain vulnerable to challenge. This balanced framework reflects a commitment to causal realism in : retain vitality as community-derived norms but cannot perpetuate empirically unjust outcomes like systemic disempowerment, with constitutional interpretation serving as the corrective mechanism grounded in verifiable evidence and principled reasoning.

Criticisms and Defenses of Rulings

Justice Sanjay Karol's rulings have occasionally drawn criticism for prioritizing customary laws over statutory reforms in cases involving Scheduled Tribes, particularly where such customs perpetuate gender disparities in . In a October 21, 2025, judgment, a bench including Justice Karol reiterated that the Hindu Succession Act, 1956, does not apply to members of Scheduled Tribes under Section 2(2), thereby allowing tribal to govern property succession even when they exclude daughters from equal shares. This decision overturned a order that had extended the Act's provisions, prompting critiques from advocates who argue it entrenches patriarchal norms contrary to Articles 14 and 15 of the , which prohibit on grounds of sex. Such viewpoints, often articulated in progressive-leaning outlets, contend that constitutional equality should override "repugnant" , viewing the ruling as a setback for despite parliamentary intent to exempt tribes. Defenders of the ruling emphasize fidelity to legislative design and constitutional safeguards for tribal autonomy. The exclusion in Section 2(2) reflects a deliberate policy to preserve indigenous practices under the Fifth Schedule and Article 371A, avoiding the imposition of on non-Hindu tribal communities whose customs predate the Act. Karol's bench noted the explicit statutory language and settled , arguing that judicial overreach to apply the Act would undermine tribal and cultural integrity, a position aligned with prior holdings that customs prevail unless proven discriminatory and abrogated. Legal scholars supporting this view highlight that tribes are not "Hindus" under the Act, and reforms should emanate from or state adaptations rather than courts, preventing assimilation that has historically marginalized indigenous systems. In other rulings, such as acquittals emphasizing procedural safeguards, Justice Karol has faced implicit pushback from prosecution advocates for allegedly favoring the accused. For instance, in a February 18, 2025, decision, the bench set aside a death sentence in a case, criticizing lopsided trials and absent defense counsel, while affirming that even those accused of heinous crimes deserve basic legal protections under Article 21. Critics in law enforcement circles have portrayed such outcomes as lenient, potentially undermining deterrence, though no formal challenges ensued. Defenses underscore Karol's adherence to evidence-based scrutiny, such as doubting eyewitness reliability without corroboration, as essential to preventing miscarriages of justice and upholding the . Overall, criticisms of Karol's jurisprudence tend to stem from ideological preferences for uniform statutory application over contextual customary preservation, often amplified in media with documented progressive biases toward narratives. Proponents counter that his approach reflects rigorous and constitutional pluralism, safeguarding without judicial legislation, as evidenced by consistent invocation of statutory exceptions and .

Personal Life

Lifestyle and Personal Practices

Justice Sanjay Karol follows a spiritually disciplined , marked by the exclusive consumption of Ganga water, known as Gangajal, for quenching thirst. This practice originated from inspiration drawn from a saint's teachings and a retired judge's example, leading him to test it for an initial week before extending it indefinitely after meeting a who had subsisted primarily on Gangajal for over 30 years. He maintains this habit rigorously, even carrying Gangajal during overseas travels for official duties, describing it as a source of enhanced mental clarity, intuition, and profound rather than a burden. In addition to this, Karol incorporates regular into his routine to foster mental focus, compassion, and emotional balance. He also observes periodic as a means of spiritual purification and soul cleansing, aligning with his broader commitment to personal discipline and detachment from material excesses. These practices reflect a deliberate shift from professional demands toward inner liberation, as he has publicly shared in reflections on balancing judicial rigor with spiritual sustenance. Karol periodically undertakes pilgrimages to sacred sites such as and , often accompanied by his wife, which serve to deepen familial ties and reinforce his cultural and spiritual roots in Himachal Pradesh's heritage traditions. His down-to-earth approach extends to spontaneous acts of , such as personally ensuring medical aid for a milkman suffering a on a Shimla street during his tenure as acting of the .

Public Persona and Extrajudicial Activities

Justice Sanjay Karol is publicly regarded as "the common man's judge" due to his emphasis on accessible , , and addressing public welfare concerns without controversies or political affiliations. This persona stems from his demonstrated sympathy toward ordinary citizens and avoidance of procedural technicalities that hinder relief for the oppressed. In extrajudicial capacities, Karol has served as Executive Chairman of the Legal Services Authority and Chairman of the Legal Services Committee, promoting initiatives. He also acted as Patron-in-Chief of the State Legal Services Authority and Chairman of the Tripura Judicial Academy, fostering judicial training and access to justice. Additionally, as a member of the Board of Governors for the Judicial Academy, he contributed to judicial education programs. Karol frequently engages in public lectures and addresses, delivering keynotes on constitutional evolution and youth's role in civic responsibility at events like the Dharmashastra National Law University lecture on August 29, 2025, where he urged moving from awareness to action in upholding and . He has advocated for responsible media reporting on judicial proceedings to prevent misinterpretation and media trials, emphasizing context in coverage during a 2023 Bar Council of India conference. Publicly, he has shared his spiritual practices, including a lifelong commitment to drinking only Gangajal since a transformative encounter, which he credits for enhancing mental clarity and in decision-making, as recounted in a 2025 address.

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