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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.
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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.
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 ]
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 ...
[6] [7] Manzurul Hasan Khan 1972 Chitarpur, Jharkhand: MLA Communist Party of India: Strongly raised his voice against the Mahajani Pratha across Bihar and West Bengal. [8] K B Sahay: 1974 Hazaribag-Patna Highway in Sindoor, Bihar: Chief Minister of Bihar: Indian National Congress: Opposite Faction of Indian National Congress. [citation needed ...
According to Article 352(6), [6] approval by either house requires a special majority: those in favour of the motion must be two-thirds of those present and voting, and amount to a majority of the entire membership of that house. A Parliamentary resolution extends the state of emergency for up to six months, and it can be extended indefinitely ...