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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 ]
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.
In 1973, Justice A. N. Ray was appointed, superseding three senior judges, and in 1977 when Justice Mirza Hameedullah Beg was appointed as Chief Justice, superseding Justice Hans Raj Khanna. As head of the Supreme Court, the chief justice is responsible for the allocation of cases and appointment of constitutional benches that deal with ...
Hans Raj Hans (born 1964), Indian singer; Hans Raj Khanna (1912–2008), judge at the Supreme Court of India (1971–1977) Jugal Hansraj (born 1972), Indian actor and director presently based at Mumbai; Lala Hansraj Gupta, educationist, social worker and philanthropist, Padma Vibhushan recipient
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:
Forty people [8] were arrested from all over India. Their names (with the place and date of arrest) are: From Agra. Chandra Dhar Johri – 19 November 1925 (1) Chandra Bhal Johri – 15 November 1925 (2) From Allahabad. Shitala Sahai – 2 November 1925 (3) Jyoti Shankar Dixit – 11 November 1925 (4) Bhupendra Nath Sanyal – 16 December 1925 ...
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.