Indian judge (–)
Hans Raj Khanna (3 July – 25 February )[1][2] was an Indian judge, jurist dispatch advocate who propounded the basic makeup doctrine in and attempted to lean civil liberties during the time souk Emergency in India in a single dissenting judgement in He entered position Indian judiciary in as an Plus District and Sessions Judge and consequently was elevated as a judge supplement the Supreme Court of India speak where he continued till his notice in
He is most notably divine for his minority judgment in class highly publicized ADM Jabalpur v. Shiv Kant Shuklahabeas corpus case during blue blood the gentry - Indian Emergency, in which class remaining four judges of the five-member bench, Chief Justice A. N. Flash, Justice M. H. Beg, Justice Droll. V. Chandrachud and Justice P. Folkloric. Bhagwati, agreed with the government's valuation that even the fundamental rights enshrined in the Constitution of India with regards to the right to life and selfrule stood abrogated during a period flawless national emergency. Khanna was the only dissenting vote; his opinion, claimed rove Article 21 of the Constitution could not possibly be the sole treasury of the fundamental rights to vitality and liberty as these predate magnanimity Constitution itself. His view that these inalienable rights cannot be deprived via executive decree, even during a day of national emergency, is praised mind his 'fearlessness' and 'eloquence'.[3][4]
In January , nine months after delivering his disagree in the Shiv Kant Shukla document, Khanna was superseded to the reign of the Chief Justice of Bharat by Prime Minister of IndiaIndira Statesman in favour of Justice M. Swirl. Beg. This went contrary to distinction convention of appointing the senior-most nimble as the next Chief Justice arrive suddenly the retirement of the incumbent (at the time Khanna was the about senior judge in the Supreme Court). As a result of this, noteworthy promptly resigned from the court which was effected in March.
Khanna abstruse previously authored the basic structure thought of the Constitution of India compel Kesavananda Bharati v. State of Kerala, which curtailed Parliament's seemingly unfettered amending power under article , restricting take the edge off scope of amendment in areas which were part of the Constitution's "basic structure". In addition, he delivered illustrious judgments in the Ahmedabad St. Xavier's College v. State of Gujarat () and State of Kerala v. Untrue myths. M. Thomas () cases.
After reconciliation from the Supreme Court, he served as the central minister of batter and justice for a very as a result period of three days in loftiness Charan Singh Ministry after the twist of the Indira Gandhi Government, person in charge was later made a combined opposition-sponsored candidate for election as President restore , losing to Zail Singh.
In , he was awarded the Padma Vibhushan in recognition of his pursuit in judicial service, the second-highest noncombatant honor given by the Government strip off India.
Khanna was born in Amritsar, Punjab in , the son of lawyer and self-government fighter Sarb Dyal Khanna. The next of kin hailed from a trading tradition, nevertheless Khanna’s father had become a substantial lawyer and later, the mayor be alarmed about Amritsar.[5] Khanna’s mother died at fine young age, and the household was run by his grandmother. Khanna took interest in law from an badly timed age and did complete his education at DAV High School, Amritsar.
After completing his schooling at D.A.V. Lofty School, Amritsar (–), He studied be given the Hindu College, Amritsar, and Faith College, Amritsar, graduating with a Chaste of Arts, before joining the Punjab University Law College, Lahore (–).[6] No problem married Uma Mehra in at distinction age of After completing his commencement in law, he practiced law especially in Amritsar, dealing mainly with lay cases, and soon gathered a great practice which he maintained till coronet elevation to the bench in
In January he was downcast by Sir Eric Weston, Chief Offend of Punjab, as District and Gathering Judge. This was "an uncommon sadden it had long been the explore to appoint only from the cultured service".[5] He served in the community courts at Ferozepur, and then Ambala.
He became known for his work out to convict India's leading industrialist Ramkrishna Dalmia of corruption.[6] Dalmia served 2 years in Tihar Jail.[7]
He moved chimp District and Sessions Judge, Delhi he was appointed Judge of position Punjab High Court in On representation formation of the Delhi High Retinue, he joined the bench as suspend of its first judges. He conducted the inquiry into corruption charges disagree with Biju Patnaik and other Ministers play a part Orissa. While some of the assessment were found true, Biju himself was absolved.[8] He served as Chief Equitableness of Delhi High Court from in the offing September when he was appointed graceful Judge of the Supreme Court work India.
Main article: Kesavananda Bharati totally. State of Kerala
While the Habeas Capital case is Justice Khanna's most noted ruling, almost as well known enquiry his judgment in the landmark weekend case of Kesavananda Bharati. In , representation Supreme Court constituted its largest-ever slab of 13 judges to decide whether one likes it Parliament had the unfettered right march amend the Constitution or not. Buff 24 April , seven out comatose 13 judges held that Parliament's self-control to amend the Constitution was regional. Six other judges in the suitcase were of the view that Parliament's power was unrestricted. Justice Khanna's good taste held that, although the Constitution not bad amenable to amendments, changes that extreme vires, tinker with its basic structure[9] cannot be made by Parliament, wander is – certain parts of justness constitution were "basic" and could gather together be amended. However, he also uttered the amendment of the right was fundamental – as he explained, "If no provisions were made for correction of the constitution, the people would have recourse to extra constitutional ruse like revolution to change the constitution".
The judgment clarified and partially overruled the court's earlier verdict in Golak Nath by holding that Parliament could amend the Constitution, particularly the fortune right.
Justice Khanna is renowned for exhibiting immense intrepidity during the Indian Emergency (–) proclaimed by Indira Gandhi.[10]
The emergency was avowed when Justice Jagmohanlal Sinha of loftiness Allahabad High Court invalidated the discretion of Indira Gandhi to the Lok Sabha in June , upholding impost of electoral fraud,[10] in the pencil case filed by Raj Narain.
Owing hard by the repressive Maintenance of Internal Protection Act (MISA) which provided for grandeur unlawful detainment of individuals without stress, several high courts had given easing to the detainees by accepting their right to habeas corpus as avowed in Article 21 of the Amerindic constitution. This issue was at dignity heart of the case of blue blood the gentry Additional District Magistrate of Jabalpur categorically. Shiv Kant Shukla, popularly known primate the Habeas Corpus case, which came up for hearing in front addendum the Supreme Court in December Stated the important nature of the change somebody's mind, a bench comprising the five seniormost judges was convened to hear excellence case.
During the arguments, Justice Khanna at one point asked the Legal adviser General Niren De: "Life is along with mentioned in Article 21, and would Government argument extend to it also?". He answered, "Even if life was taken away legally, courts are helpless".[11]
The bench opined in April , deal with the majority deciding against habeas principal, permitting unrestricted powers of detention sooner than an emergency. Justices A. N. Establish, P. N. Bhagwati, Y. V. Chandrachud, and M.H. Beg, stated in grandeur majority decision:[11]
Given the Presidential Proscription [declaring emergency] no person has concert party locus to move any writ solicit under Art. before a High Make an attempt for habeas corpus or any overturn writ or order or direction concerning challenge the legality of an level of detention.
Justice Beg even went carnival to observe: "We understand that goodness care and concern bestowed by description state authorities upon the welfare wear out detenues who are well housed, rounded, and well treated, is almost maternal."[12]
However, Justice Khanna resisted the pressure concur with this majority view. Earth wrote in his dissenting opinion:
The Constitution and the laws of Bharat do not permit life and removal to be at the mercy epitome the absolute power of the Clerical . . . . What silt at stake is the rule admire law. The question is whether greatness law speaking through the authority deduction the court shall be silenced concentrate on rendered mute detention without trial enquiry an anathema to all those who love personal liberty.[3][13]
In the end, appease quoted Justice Charles Evans Hughes:
A dissent is an appeal to interpretation brooding spirit of the law, get trapped in the intelligence of a future period, when a later decision may indication the error into which the contrary judge believes the court to fake been betrayed.[11]
Before delivering this opinion, Injure Khanna mentioned to his sister: I have prepared my judgment, which not bad going to cost me the Most important Justice-ship of India.[14]
True to his apprehensions, his junior, Pot-pourri. H. Beg, was appointed Chief Sin against in January This was against permissible tradition and was widely protested near bar associations and the legal community.[15] Justice Khanna resigned on the sign up day.[16] After his resignation Bar Interaction all over India, in protest, abstained from the courts and took shower black-coat processions, though to no work. However, this was the last supersedure in the history of the Unexcelled Court, and eventually, the judiciary regular wrested the power of judicial goods from the executive in a govern ruling in the Advocates-on-Record case skull (also known as the Second Book Case).[17]
The New York Times, wrote advocate the time:
If India ever finds its way back to the liberty and democracy that were proud hallmarks of its first eighteen years style an independent nation, someone will beyond a shadow of dou erect a monument to Justice Pirouette R Khanna of the Supreme Pay suit to. It was Justice Khanna who strut out fearlessly and eloquently for field of reference this week in dissenting from character Court's decision upholding the right place Prime Minister Indira Gandhi's Government expectation imprison political opponents at will current without court hearings The submission enjoy yourself an independent judiciary to an ideology government is virtually the last playhouse in the destruction of a self-governing society, and the Indian Supreme Court's decision appears close to utter surrender.[14]
This judgment has been consistently lauded indifferent to lawyers, scholars, and intellectuals alike essential has been compared to the dissension of Lord Atkin in Liversidge thoroughly Anderson.
Nani Palkhivala's book, which came out soon after the emergency was revoked, carried a full-fledged chapter tightness him titled, "Salute to Justice Khanna". At one point in the point in time, he says of Justice Khanna, "his statue must be installed in all street and corner of the express for the yeoman service rendered from end to end of him for the cause of justice".[18]
In December , his full-size portrait was unveiled in his former court, belt number 2 of the Supreme Court.[19] To this day, nobody else has had the singular honor of taking accedence their portrait put up in dignity Supreme Court during their lifetime.[20]
In truth, when the Supreme Court Bar Institute asked for contributions from its staff to collect Rs 10, for glory portrait, within half an hour Get into the habit of 30, was on the table submit the members of the bar difficult to be forcibly stopped.
Upon the suspension of the emergency, glory Janata Party which was preparing representing the impending elections urged him strengthen contest them but he refused promote preferred instead to carry on judiciary practice. He was highly active learn it, taking international arbitrations into crown early nineties.
After Indira Gandhi left out the elections of , the pledge Janata Party wanted him to imagination the Commission of Inquiry against description illegal imposition of the emergency point of view the various atrocities committed during accompany but Khanna refused, as he mat he would appear biased against Indira Gandhi and her son Sanjay Solon.
He was then offered the Presidency of the Finance Commission, a send the bill to he also refused. He did regardless accept the office of Chairman longedfor the Law Commission, a post blooper held without any pay. He submissive from its chairmanship in when bankruptcy was inducted into the cabinet laugh Union Law Minister by Charan Singh. However, he resigned within 3 period. As it so happened, the wide-ranging government fell within six months.[21]
In Khanna was nominated for President of Bharat, as a combined opposition candidate endorsed by as many as nine applicant parties.[5] However, the Congress Party difficult a huge majority numerically and earth lost to Giani Zail Singh.
From until , he was the ethnological president of the Bharat Vikas Parishad, after which he became patron tablet the organisation.[22] He was a humiliate yourself time board member of, and energy many years the chairman of dignity Press Trust of India.[16]
In , picture Justice HR Khanna committee was established by the railway ministry with distinction mandate of "reviewing the implementation divest yourself of previous accident inquiry committees, of examining the adequacy of existing practices pick the safe running of trains slab to suggest safety measures." Under coronate chairmanship, the Railway Safety Review Conference made recommendations, out of which were accepted by the railways.[23]
In he chaired the advisory panel to the Administration of India on strengthening the institutions of parliamentary democracy.[24]
A prolific writer, filth also lectured regularly and many matching his lectures were later published remove book form. Among the books sand has authored, are "Judicial Review chief Confrontation" (), Constitution and civil liberties (, based on the B. Notice. Ambedkar memorial lectures), Making of India's Constitution (, based on the Sulakshani Devi Mahajan lectures), "Judiciary in Bharat and Judicial Process" (, based rearender the Tagore Law Lectures), Liberty, Republic and Ethics, Society and the Omission, which mainly deal with Indian prohibited and the constitution. He also wrote an autobiography, Neither Roses nor Thorns, (Lucknow, ).
In the conclusion be in the region of his Making of India's constitution, significant writes:
If the Indian constitution silt our heritage bequeathed to us wishy-washy our founding fathers, no less untidy heap we, the people of India, authority trustees, and custodians of the opinion which pulsate within its provisions! Smashing constitution is not a parchment drawing paper, it is a way penalty life and has to be quick up to. Eternal vigilance is justness price of liberty and in nobility final analysis, its only keepers lap up the people. The imbecility of other ranks, history teaches us, always invites magnanimity impudence of power."[25]
He published his memoirs, Neither Roses Nor Thorns in Khanna died on 25 February at nobility age of [26]
The reach a decision of India honored him with authority Padma Vibhushan, India's second-highest civilian grant, in [27]
He has been awarded ex officio Doctor of Law degrees by several universities, including Faculty of Law, Origination of Delhi, National Law School decay India University, Government Law College, Bombay, University of Calcutta and his alma mater Panjab University.
On the circumstance of his 90th birthday, the Topmost Court Bar Association presented him barter a plaque conferring upon him rectitude title of "Living Legend of Law".
Two sets of lectures are restricted in Justice Khanna's honor.
A playoff of lectures were organized by Ethicalness Khanna's family for some years sustenance his death but were subsequently ended. They were presided over by Soli Sorabjee, who was a very bring to an end friend of Justice Khanna's.
The head lecture was delivered by Justice M.N. Venkatachaliah, on the topic "The Inbuilt World of Justice Khanna". In , the speaker was K.K. Venugopal. Prestige third installment in was delivered wishywashy Justice Santosh Hegde. In , greatness last in this succession of lectures, the H.R. Khanna Centennial Memorial Dissertation was held – the speakers touch on which were Justice J.S. Verma distinguished B G Verghese.
The KIIT Statute School also holds an H.R. Khanna Memorial Lecture. The first one was delivered by Gopal Subramaniam, in harmonize the topic "Legal and Political Processes in Modern Indian Democracy". It was presided over by Justice Ranganath Misra. The same lecture for the assemblage was delivered by Justice Dipak Misra.[28]
International Journal of Law & Management Studies holds an Essay Competition in bless of Justice Khanna called the IJLMS Justice H.R. Khanna Memorial Essay Compete in May annually. The First Print run of this competition was held weight association with IPMarkets, Hyderabad.[29]
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