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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.
"Justice Khanna was clearly right in holding that the recognition of the right to life and personal liberty under the Constitution does not denude the existence of that right, apart from it nor can there be a fatuous assumption that in adopting the Constitution the people of India surrendered the most precious aspect of the human persona ...
T R Andhyarujina, who was a counsel in this case, wrote a book titled "The Kesavananda Bharati Case: The untold story of struggle for supremacy by Supreme Court and Parliament" to discuss the case and the politics involved during and after the judgment was pronounced. It has been published by Universal Law Publishing Company in 2011.
Created Date: 8/30/2012 4:52:52 PM
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.
The Turkman gate demolition and subsequent massacre was an infamous case of political oppression and police brutality during the Emergency when, on 31 May 1976, residents of Old Delhi were killed by police while protesting a slum clearance. [1]
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:
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 ...