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Hans Raj Khanna (3 July 1912 – 25 February 2008) [1] [2] was an Indian judge, jurist and advocate who propounded the basic structure doctrine in 1973 and attempted to uphold civil liberties during the time of Emergency in India in a lone dissenting judgement in 1976.
The ADM Jabalpur case was overruled on the doctrinal grounds concerning the rights by the Puttaswamy v. Union of India delivered by a nine judge, constitutional bench of the Supreme court. At the paragraph 119 of the majority opinion the Court had ruled: [ 4 ]
The case was heard by the full 17-member bench, of which a plurality of 8 accepted the basic structure doctrine as a basis for limiting the ability of the Parliament of Pakistan to amend the Constitution, 4 rejected the premise of such limitations, describing the basic structure doctrine as a "vehicle for judicial aggrandisement of power", and ...
Kesavananda Bharati (center) at the Kumbh Mela in February 2013.. In February 1970 Swami Kesavananda Bharati, senior pontiff and head of the Hindu monastery Edneer Matha in Edneer, Kasaragod District, Kerala, challenged the Kerala government's attempts, under two land reform acts, to impose restrictions on the management of its property.
Originally, the maximum period of operation of President Rule was 3 years. This 3-year period was divided into 1 year of ordinary period and 2 years of extra ordinary period for which certain conditions were to be fulfilled. However, now unless revoked, its life can be extended by six months each time, but in no case beyond three years.
The Maintenance of Internal Security Act (MISA) was a controversial law passed by the Indian parliament in 1971 giving the administration of Prime Minister Indira Gandhi and Indian law enforcement agencies very broad powers – indefinite preventive detention of individuals, search and seizure of property without warrants, and wiretapping – in the quelling of civil and political disorder in ...
1United Tribes Technical College, Bismarck, ND, USA 2 Carl Hayden Bee Research Center, Tucson, AZ, USA 3 Department of Health and Nutrition Sciences, Brooklyn College of CUNY, Brooklyn, NY, USA
The legal question hinged on the citizen's right to judicial scrutiny for arrests under emergency. The five seniormost judges of the Supreme court heard the case, and four aligned with the government view that even the right to life stood suspended during emergency (only dissent was H. R. Khanna). In his April 1976 decision, Justice Beg observed: