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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.
Kesavananda Bharati (center) at the Kumbh Mela in February 2013.. In February 1970 Swami Kesavananda Bharati, senior pontiff and head of the Hindu monastery Edneer Matha in Edneer, Kasaragod District, Kerala, challenged the Kerala government's attempts, under two land reform acts, to impose restrictions on the management of its property.
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.
At the conclusion of his book, Making of India's Constitution, retired Supreme Court Justice Hans Raj Khanna wrote: If the Indian constitution is our heritage bequeathed to us by our founding fathers, no less are we, the people of India, the trustees and custodians of the values which pulsate within its provisions!
Hans Raj Khanna (1912–2008) Unelected: 30 July 1979 3 August 1979 4 days: Janata Party (Secular) Charan: Charan Singh: 11 Shyam Nath Kacker (born unknown) Unelected: 3 August 1979 14 January 1980 164 days: 12 P. Shiv Shankar (1929–2017) MP for Secunderabad: 14 January 1980 15 January 1982 2 years, 1 day: Indian National Congress (I) Indira ...
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 ]
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.
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".