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 Khanna was clearly right in holding that the recognition of the right to life and personal liberty under the Constitution does not denude the existence of that right, apart from it nor can there be a fatuous assumption that in adopting the Constitution the people of India surrendered the most precious aspect of the human persona ...
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 ...
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 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:
The Turkman gate demolition and subsequent massacre was an infamous case of political oppression and police brutality during the Emergency when, on 31 May 1976, residents of Old Delhi were killed by police while protesting a slum clearance. [1]
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
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.