ValkyaEditorial

Tagged “habeas-corpus”

2 articles on habeas-corpus.

Landmark JudgmentSupreme Court of India

ADM Jabalpur v. Shivkant Shukla: the Emergency's habeas corpus case — and the dissent that was overruled into doctrine

On 28 April 1976, in the depths of the Emergency, a five-judge Constitution Bench held by 4:1 that a person detained under the Maintenance of Internal Security Act could not move habeas corpus because the right to life and personal liberty under Article 21 stood suspended by the Presidential Proclamation under Article 359. Justice H.R. Khanna's sole dissent — that life and liberty are not the Constitution's gift to be taken away by it — cost him the Chief Justiceship. Forty-one years later, in K.S. Puttaswamy v. Union of India, a nine-judge Bench explicitly overruled the majority and adopted the Khanna dissent as the constitutional position. A digest of the judgment, its setting, the dissent, the supersession, and the doctrine that has supplanted it.

Valkya Editorial··10 min