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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 ]
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.
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
Sanjiv Khanna, the incumbent chief justice of India, since 11 November 2024 The chief justice of India is the highest-ranking officer of the Indian judiciary and the chief judge of the Supreme Court of India. As head of the Supreme Court, the chief justice is responsible for the allocation of cases and appointment of constitutional benches which deal with important matters of law. In ...
Justice Hans Raj Khanna defended the Right to Life and asked: "Life is also mentioned in Article 21 and would Government argument extend to it also?". The Attorney General observed: "Even if life was taken away illegally, courts are helpless".
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 IR Coelho v. State of Tamil Nadu case was a landmark 2007 Supreme Court of India ruling that established the importance of judicial review and the basic structure doctrine of the Constitution. Finally, in 2017-decision of KS Puttaswamy v. Union of India case, the Supreme Court overruled the infamous Habeas Corpus case's majority decision. [5]