About the Supreme Court of India
The Supreme Court of India, as the guardian of the Constitution, plays a crucial role in upholding fundamental rights. However, in the infamous ADM Jabalpur v. Shivkant Shukla case, also known as the Habeas Corpus Case, the Court ruled in favor of absolute executive power during the Emergency (1975-77), effectively suspending fundamental rights. This judgment is widely regarded as a judicial setback for civil liberties and has since been overruled.
About the Case
The case arose during the Emergency declared by Prime Minister Indira Gandhi in 1975, when the government suspended fundamental rights, including the right to life and personal liberty under Article 21. Thousands of people, including political opponents, journalists, and activists, were detained without trial under the Maintenance of Internal Security Act (MISA), 1971.
The petitioners challenged their detention, arguing that even during an Emergency, the right to move the courts under Article 226 (High Court’s Writ Jurisdiction) could not be suspended. The case was consolidated from multiple habeas corpus petitions across High Courts, many of which ruled in favor of citizens. However, the government appealed to the Supreme Court.
Judgment Date & Citation
| Judgment Date | Case Citation |
|---|---|
| 28 April 1976 | (1976) 2 SCC 521 |
Key Issues & Court’s Findings
- Suspension of Article 21: The Supreme Court ruled 4:1 that during an Emergency, the right to life and liberty under Article 21 could be suspended, meaning that no person could challenge unlawful detention.
- No Habeas Corpus Petitions Allowed: The Court held that no individual could approach the judiciary for relief against arbitrary detention by the government.
- Unquestioned Executive Power: The judgment upheld the absolute power of the executive, stating that if personal liberty was taken away illegally, the courts had no remedy.
- Justice H.R. Khanna’s Historic Dissent: The sole dissenting voice, Justice H.R. Khanna, courageously stated that even during an Emergency, the right to life cannot be taken away without legal authority. His dissent is now celebrated as a symbol of judicial independence.
Impact & Significance
- Erosion of Fundamental Rights: The ruling justified the government’s authoritarian actions, enabling mass detentions without judicial oversight.
- Severe Criticism & Reversal: The judgment was heavily criticized and later overruled in K.S. Puttaswamy v. Union of India (2017), where the Court affirmed that the right to life and liberty is inalienable.
- End of Judicial Supremacy: The verdict marked one of the darkest periods in Indian judicial history, where the Supreme Court surrendered to executive pressure.
- Legislative Correction: The 44th Constitutional Amendment (1978) was passed to prevent future misuse of Emergency powers, restoring judicial review and fundamental rights protections.
Additional Details
Following the judgment, Justice H.R. Khanna was superseded for Chief Justice of India, leading to his resignation. This case remains a powerful reminder of the fragility of constitutional rights in times of crisis.
Links & References
- Full Judgment Text: Official Supreme Court Website
- Analysis & Case Commentary: Legal Resources
- Related Judgments: Maneka Gandhi v. Union of India (1978), K.S. Puttaswamy v. Union of India (2017)
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