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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.
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 ...
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.
In the All India Congress Committee, 446 of its 705 members walked over to Indira's side. [8] K Kamaraj and later Morarji Desai were the leaders of the INC(O). INC(O) led governments in Bihar under Bhola Paswan Shastri , Karnataka under Veerendra Patil , and in Gujarat under Hitendra K Desai .
The Naxalbari uprising of 1967 made it imperative that the ruling class needed to address the concerns of small and middle peasantry against feudal interests. Indira undertook structural reforms to boost middle-class among rural and urban areas as well to project her leftist credentials while simultaneously providing public sector financial aid to bourgeois industrialists.
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 ...