What Was the ADM Jabalpur Case? On 25 June , Prime Minister Indira Gandhi invoked Article and imposed a state of Emergency. Hans Raj Khanna (3 July – 25 February ) was an advocate, jurist and judge. While the Habeas Corpus case is Justice Khanna’s most celebrated ruling, .. “A.D.M. Jabalpur vs Shukla: When the Supreme Court struck down the . PETITIONER: ADDITIONAL DISTRICT MAGISTRATE, JABALPUR Vs. .. The Act in the present case is valid law and it has laid down procedure of applying the.

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There must be an unmistakable overruling of this judgment so that hypothetical nature of Rule of Law can be clarified alongside its applicability to our judicial framework.

He was then offered the Chairmanship of the Finance Commissiona position he also refused.

ADM Jabalpur vs Shivkant Shukla () 2 SCC – Case Summary

Shivkant Shuklaone gets to know that there are different perceptions, opinions and views on the given case. He answered, “Even if life was taken away illegally, courts are helpless”. The wrong elucidation prompted to encroachment of fundamental rights on impulses and favor of a political figure that had her plan to satisfy. After completing his schooling from D. If India ever finds its way back to the freedom and democracy that were proud hallmarks of its first eighteen years as an independent nation, someone will surely erect a monument to Justice H R Khanna of the Supreme Court.

A series of lectures was organised by Justice Khanna’s family for some years after his death but was subsequently discontinued. But it was an act of weakness on my part.

After Indira Gandhi lost the elections ofthe ruling Janata Party wanted him to head the Commission of Inquiry against the illegal imposition of the emergency and the various atrocities committed during it but Khanna refused, as he felt he would appear biased toward Indira Gandhi and her son Sanjay Gandhi.


Upon the suspension of the emergency, the Janata Party which was preparing for the impending elections urged him to contest them but he refused preferring instead to carry on chamber practice.

Chandrachud chose to state that the judgments rendered by all the four judges jabxlpur his father constituting the majority in ADM Jabalpur were seriously flawed. Constitution and civil liberties Dr. Inthe Supreme Court constituted its largest ever bench of 13 judges to decide whether Parliament had the unfettered right to amend the Constitution or not.

ADM Jabalpur vs Shivkant Shukla (1976) 2 SCC 521

They were presided over by Soli Sorabjeewho was a very close friend of Justice Khanna’s. Parameswaran Amrita Pritam K. Finally, it was urged that Preamble to the constitution speaks of a Sovereign, Democratic Republic and therefore, the Executive which is subordinate to the Legislature cannot act asm the prejudice of the citizen save to the extent permitted by laws validly made by the legislature which is the chosen representative of the people.

Writing a concurring opinion with the majority, Justice Y. He conducted the inquiry into corruption charges against Biju Patnaik and other Ministers in Orissa.

Casr Nath — Kamal Nath Case. The submission of an independent judiciary to absolutist government is virtually the last step in the destruction of a democratic society; and the Indian Supreme Court’s decision appears cass to utter surrender.

Shiv Kant Shukla case or the Habeas Corpus case. From Wikipedia, the free encyclopedia. Khanna had previously authored the basic structure doctrine of the Constitution of India in Kesavananda Bharati v. This judgement has been consistently lauded by lawyer, scholars and intellectual alike and has been compared to the dissent of Lord Atkin in Liversidge v Anderson.

Hans Raj Khanna

Beg to the office of the Chief Justice of India, he served as the central minister of law and justice for a very short period and was later jabaplur a combined opposition-sponsored candidate for election as President inlosing to Zail Singh.


Whatever may be the source of the right and whatever may be its jurisdiction, the right in essence and substance is the right to personal liberty.

Retrieved from ” https: The same lecture for the year jabslpur delivered by Justice Dipak Misra [25]. It was Justice Khanna who spoke out fearlessly and eloquently for freedom this week in dissenting from the Court’s decision upholding the right of Prime Minister Indira Gandhi’s Government to imprison political opponents at will and without court hearings In State of Uttar Pradesh v. Andhyarujina 6 March Ministry of Home Affairs. In ADM Jabalpur, the issue before the Supreme Court was whether an order issued by the President under Article 1 of the Constitution suspends the right of every person to move any Court for the enforcement of the right to personal liberty under Article 21 upon being detained under a law providing for preventive detention.

He did however accept the office of Chairman of the Law Commissiona post he held without any pay.

Hans Raj Khanna – Wikipedia

Additionally, additional arrangements might be made to guarantee that no political plan ought to dominate equity and value of the citizens of the nation. Krishnaswamy Rao Pattadakal Venkanna R. People’s Union for Civil Liberties. This page was last edited on 30 Octoberat Peter D ‘Souza June Chandrachud also said that the executive body must perform in accordance with the caxe passed by the parliament as it is the basic principle that all action of the executive must have law supporting its action.