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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 ]
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.
In Kesavananda, Justice Hans Raj Khanna propounded that the Constitution of India has certain basic features that cannot be altered or destroyed through amendments by the Parliament of India. [1] Key among these "basic features", as expounded by Justice Khanna, are the fundamental rights guaranteed to individuals by the constitution.
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.
Niren De during Indira Gandhi replied to a question by Hans Raj Khanna stating that even the right to life can be suspended during emergency. [ citation needed ] Similarly, in 2005, when the UPA government was planning a possible coalition with Mayawati, Milon K. Banerjee 's opinion absolving Mayawati in the Taj corridor case was ignored by the ...
Seervai is best known for his 1967 analysis, the Constitutional Law of India – a Critical Commentary.This work contributed significantly to Kesavananda Bharati vs.The State of Kerala (1973), his most famous case, which led to the development of the "Basic structure doctrine", which inhibits politically motivated changes to the Constitution of India.
The process continued with the controversial appointment of Justice Beg superseding Hans Raj Khanna in 1977. After becoming Chief Justice, A.N. Ray more than shared the government's economic viewpoint – he developed an adulatory attitude towards Prime Minister Indira Gandhi. He made himself amenable to her influence by telephoning her ...