Search results
Results from the WOW.Com Content Network
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 Hans Raj Khanna was the sole dissenter among the five judges. In retaliation for his dissent, he was later overlooked during the appointment of the Chief Justice. In retaliation for his dissent, he was later overlooked during the appointment of the Chief Justice.
Download as PDF; Printable version; ... Baroda dynamite case; ... Hans Raj Khanna; M. Maintenance of Internal Security Act; Minerva Mills v. Union of India
Created Date: 8/30/2012 4:52:52 PM
%PDF-1.4 %âãÏÓ 89 0 obj > endobj xref 89 21 0000000016 00000 n 0000001169 00000 n 0000001250 00000 n 0000001443 00000 n 0000001585 00000 n ...
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 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 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: