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Hindustan Times
12 hours ago
- Politics
- Hindustan Times
ADM Jabalpur: The top court's fall and redemption
Fifty years after the Emergency, the memory of that period continues to haunt the conscience of India's constitutional democracy. Central to that collective reckoning is the Supreme Court's judgment in ADM Jabalpur Vs Shivkant Shukla case in 1976, famously dubbed the 'Habeas Corpus case'. Also Read: HC orders judicial inquiry into construction of 17 illegal buildings in Shil Daighar At a time when the judiciary was expected to act as the guardian of civil liberties, the apex court chose to become an instrument of the executive, handing down a verdict that effectively sanctioned state authoritarianism. The judgment is a cautionary tale of how legal formalism and deference to executive authority can gut the soul of a liberal constitutional democracy. Also Read: Supreme Court denies anticipatory bail to alleged 'dunki' agent HT takes a look at the legal, political and moral dimensions of the case, the dissent that stood tall against the tide, and the decades-long journey of constitutional redemption that culminated in its formal overruling in 2017. The context On June 25, 1975, then Prime Minister Indira Gandhi declared a national Emergency under Article 352 of the Constitution, citing internal disturbances. Civil liberties were curtailed, political opponents jailed, and press freedom muzzled. The government invoked Article 359(1), issuing a presidential order suspending the right of citizens to move courts for the enforcement of Articles 14, 21 and 22 -- rights guaranteeing equality, life, personal liberty, and protection against arbitrary arrest. Also Read: Chhota Shakeel aide discharged from 2022 extortion case due to lack of evidence Against this backdrop, several high courts granted relief to detainees under Article 226, questioning the legality of their arrests under the Maintenance of Internal Security Act (MISA), 1971. The Union government challenged these orders, leading to the Supreme Court's decision in ADM Jabalpur Vs Shivkant Shukla. The pivotal legal issue was whether a citizen could seek judicial remedy via habeas corpus (essentially challenge detention) when the enforcement of Article 21 (right to life and liberty) stood suspended. In a 4-1 majority, the Supreme Court ruled that no individual had the locus standi to approach courts for enforcement of fundamental rights during the Emergency. The majority judgment, delivered by then Chief Justice of India AN Ray and concurred with by justices MH Beg, YV Chandrachud and PN Bhagwati, held that the suspension of Article 21 rendered the right to life and personal liberty non-justiciable. Even if a detention was illegal, arbitrary or mala fide, the courts had no authority to intervene, stated the majority opinion, asserting that rights existed only insofar as the Constitution recognised and enforced them. This effectively meant that during the Emergency, the State could deprive a person of their liberty or even life without any legal recourse. The verdict was an endorsement of unchecked executive power. It subordinated the judiciary to the will of the government, silenced legal dissent, and undermined the foundational promise of the Constitution: That liberty is not at the mercy of the State. The dissent The lone dissent came from justice HR Khanna, who rejected the majority's formalism and asserted that the right to life and liberty is not a gift of the Constitution but an inherent natural right. Drawing from natural law and common law traditions, justice Khanna argued that certain rights are so intrinsic to human dignity that they transcend constitutional text. His judgment famously stated, 'Even in the absence of Article 21, the state has no power to deprive a person of his life or liberty without the authority of law.' Justice Khanna underscored that the Constitution did not create the right to life and liberty; it merely recognised it. As he eloquently put it: 'Rule of law is the antithesis of arbitrariness.' This means that the executive branch cannot misuse its power and claim protection simply because the President has issued a proclamation. Therefore, he held, even when fundamental rights are suspended by a presidential order, judges still have the authority to review the actions of the executive to ensure they are lawful and not arbitrary. His principled stand cost him the Chief Justiceship as he was superseded by justice Beg despite being senior. The ADM Jabalpur judgment sparked outrage among jurists, scholars, and civil society. It came to symbolise judicial abdication, a moment when the Supreme Court failed in its primary duty to act as a bulwark against executive excess. Though the Emergency was lifted in 1977 and the Janata Party came to power, the damage had been done. Yet, the spirit of justice Khanna's dissent lived on, influencing a more expansive and liberal interpretation of rights in the years to come. Reversal and redemption The judicial journey from ADM Jabalpur to KS Puttaswamy Vs Union of India (2017) is one of moral and constitutional redemption. It began with Maneka Gandhi Vs Union of India (1978), where the Supreme Court overturned the narrow reading of Article 21 established in AK Gopalan Vs State of Madras (1950) which held that each fundamental right operates independently and should therefore be interpreted in isolation. The Maneka Gandhi ruling declared that laws affecting personal liberty must be just, fair and reasonable, creating a triadic relationship between Articles 14, 19 and 21 – as against the previous concept of fundamental rights existing in separate silos. Justice Krishna Iyer famously stated that natural justice is 'not a creation of the Constitution but inherent in human values.' In many ways, the Maneka Gandhi case was the jurisprudential response to ADM Jabalpur's moral collapse, reasserting the judiciary's role in preserving dignity and fairness. That trajectory culminated in the 2017 KS Puttaswamy verdict. In KS Puttaswamy, a nine-judge bench in the top court finally buried ADM Jabalpur. Writing the lead opinion, Justice Dhananjaya Y Chandrachud explicitly overruled the majority view in his father's judgment in ADM Jabalpur. He stated: 'The judgments rendered by all the four judges constituting the majority in ADM Jabalpur are seriously flawed. Life and personal liberty are inalienable to human existence. They constitute rights under natural law.' It was a rare and poignant moment of judicial introspection. In 2020, during the Covid-19 lockdown, the Supreme Court again revisited ADM Jabalpur. A bench headed by justice Ashok Bhushan, while ruling on police delays in filing chargesheets, emphasised that the right to liberty remains enforceable even in emergencies. The court noted that the 'retrograde steps' taken in ADM Jabalpur were immediately remedied by the 44th Amendment and formally overruled by Puttaswamy. The 44th Constitutional Amendment in 1978 responded to the ADM Jabalpur verdict by inserting a critical safeguard -- even during an Emergency, Articles 20 and 21 cannot be suspended. This was Parliament's way of ensuring that the excesses sanctioned by ADM Jabalpur would not be repeated. It codified what justice Khanna had asserted all along – that certain rights are non-negotiable. The story of ADM Jabalpur Vs Shivkant Shukla is not just about a flawed judgment but stands as a grim reminder of what happens when courts choose executive convenience over constitutional conscience. It is about the fragility of constitutional rights, the dangers of judicial timidity and the enduring value of dissent. It is a crucial narrative that reveals about a moment when the rule of law bent under pressure, and how that breach was slowly repaired through principled jurisprudence and legislative intervention. Justice Khanna's dissent, once sidelined, now occupies a place of honour in India's constitutional canon. It reminds us that in times of crisis, the judiciary must rise above expediency and remain faithful to the moral foundations of the Constitution.
Hindustan Times
14-05-2025
- Politics
- Hindustan Times
Only 1/3rd of India's Supreme Court judges have been first-generation lawyers
Outgoing Chief Justice of India (CJI) Sanjiv Khanna could have been a part of a small club among the 51 CJIs India has had so far but for a landmark case in the history of Indian jurisprudence. Justice Khanna's uncle, Justice Hans Raj Khanna, was a Supreme Court judge during the Emergency. He was the lone dissenter among five judges who ruled in the ADM Jabalpur case (in the government's favour) that the fundamental right of Habeas Corpus could be suspended during the Emergency. As an act of vendetta, he was superseded by Indira Gandhi's government despite being in line to become the CJI. Six out of India's 51 CJIs (Justice BR Gavai, who takes over as the 52nd CJI today hasn't been counted in this exercise) so far are either father-son or uncle-nephew pairs. The number of judges with close family relations to each other among all 279 Supreme Court judges India has had so far is much larger: there are 16 such pairs. On the other hand, more than one-third of India's Supreme Court judges have been first-generation lawyers. These numbers give an interesting entry point into the long-standing debate about how inclusive or closed the club of India's Supreme Court judges is. The question has gained more salience after a 1993 law transferred the right to appoint judges from the executive to the judiciary. This three-part data journalism series will throw more light on the appointment of Supreme Court judges in India and debates about the highest judiciary's representativeness or lack of it. HT has prepared a complete database of all 279 Supreme Court judges India has had since 26 January 1950, the day both the Republic and the Supreme Court came into being. The first part of the series will look at the links between India's Supreme Court judges. The second will look at the representation of various social groups and High Courts among Supreme Court judges. The concluding part will examine whether the introduction of the Collegium system resulted in any changes to these patterns. The list of current and previous Supreme Court judges has been taken from the Supreme Court of India's website ( and The website itself gives a basic biographical profile of the judges. This information has been complemented with already existing literature such as George H Godbois Junior's 2011 book Supreme Court Judges of India (1950-1989) -- it has profiled 93 Supreme Court judges -- and Abhinav Chandrachud's 2018 book Supreme Whispers: Conversations with Judges of the Supreme Court of India. In addition to it, over 150 Supreme Court and High Court archival records, including Full Court References, have been used to gather biographical details of justices. While the Supreme Court and High Court records do not publish caste/religion data for judges, this information has been collected through other sources using multiple cross-checks. The list includes judges who have served in the Supreme Court and are either father-son, uncle-nephew, father-in-law-son-in-law, grandfather-grandson, or father-daughter pairs. Eleven in this list have served as the CJI, and this number will increase to 12 (6 pairs) when Justice B V Nagarathna, who is in line to become the CJI in 2027, takes office. While family relations between Supreme Court judges are an obvious case of the judiciary being a closed club, the network effects behind the appointments of India's Supreme Court judges could be much larger. Less than a third of India's Supreme Court judges (104 of 279) were first-generation practitioners of the legal profession. To be sure, the ratio is slightly higher for CJIs (17 of 51). Given the fact that a next-generation lawyer often inherits the practice and networks of the previous one, having a legal background is considered a huge advantage in the legal profession. HT's database has defined someone as a non-first-generation legal professional if they had an older close relative (father, mother, brother, father-in-law, brother-in-law, uncle) as a lawyer or judge. This list has been prepared in keeping with the database methodology described above. This is the first of a three-part data journalism series on India's Supreme Court judges. The second part will look at the social and high-court backgrounds of Supreme Court judges. The third part will look at whether the introduction of the Collegium system changed the nature of these appointments.
New Indian Express
13-05-2025
- Politics
- New Indian Express
'You are conscience keepers of the system': CJI Sanjiv Khanna's message to Bar as he demits office
Recalling one such occasion, the judge said a case he had to author would have otherwise remained pending if not for Justice Khanna's words of wisdom. "I would have perhaps kept it pending. This was a procedural matter, and I was to write the judgment. When I discussed it with him, he pointed out that if I kept it pending, cases all over the country would just pile up, and that was not a good situation," he said. When it came to the bar, Attorney General R Venkataramani said CJI Khanna added "immense value" to the court. "Your lordship leaves a void not easily filled. Like a river flowing quietly, you accomplished much with grace," he said. The judgments, the CJI penned, were stated to carry "impeccable logic, simplicity, and elegance." He underscored Justice Khanna's firm commitment to liberty, fairness, and institutional integrity aside from the values he upheld without personal bias, whether in procedural justice or constitutional interpretation. Solicitor General Tushar Mehta commended the CJI's legal acumen and clarity in judgment. "Even if litigants lost, we lawyers felt enriched. We always left with a new insight," he said, "as your verdicts were crisp, clear, and always enlightening." He praised Justice Khanna's ability to maintain the distinction between legal judgment and academic treatise, consistently delivering concise and impactful rulings. The Supreme Court Bar Association president and senior lawyer Kapil Sibal apart from other bar members and lawyers showered praises on the outgoing CJI. A lawyer said the week saw country's two greats hang their boots, one of whom was the CJI and the other cricketer Virat Kohli. "You are the streak across the sky that is never forgotten," Sibal said. Sibal called Justice Khanna "a beacon of light" who elevated the stature of the court. Saying he symbolised the best in a judge, Sibal went on, "Your intuitive sense of justice, your transparency, and your encouragement to young lawyers will not be forgotten. You've set a standard for generations to come." Reflecting on Justice H R Khanna's historic dissent in the ADM Jabalpur case, Sibal drew a parallel and said, "Today, that dissent echoes louder than the forgotten majority. And you, Justice Khanna, have carried that flame forward." "You may be retiring from the bench," said another senior lawyer, "but your service to the Constitution is far from over." Justice Khanna was elevated as the 51st Chief Justice of India on November 11, 2024, and demitted office on May 13, 2025. His tenure, though brief, was marked by landmark decisions, transparency initiatives, and a steadfast commitment to judicial accountability and constitutional morality.
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Business Standard
13-05-2025
- Politics
- Business Standard
'Overwhelmed, Justice Gavai will uphold SC values': CJI Sanjiv Khanna
Overwhelmed by the rich accolades on his last day at the Supreme Court, Chief Justice of India Sanjiv Khanna on Tuesday said he was certain his successor CJI-designate Justice B R Gavai would uphold values of the Supreme Court, fundamental rights and the basic constitutional doctrines. The ceremonial bench comprised the outgoing CJI, Justice Gavai, and Justice Sanjay Kumar, showcasing a rare moment of reflection, celebration, and reverence, not just for Justice Khanna's contributions, but the legacy of his uncle, former Supreme Court judge Justice H R Khanna, he took forward. The CJI called Justice Gavai his "biggest support" while expressing confidence in the latter's leadership and commitment to constitutional values. "What to say about justice and CJI designate B R Gavai, we got elevated the same year. Here we are in the collegium, and thereafter, we have interacted on several occasions. And I must say, he has been my biggest support. And I am sure that you have in Justice Gavai an excellent chief justice who's going to uphold the institution and who's going to uphold the fundamental rights who's going to uphold our basic doctrines which we have adopted and applied," he said. In his parting remarks, Justice Khanna expressed gratitude, reflecting on the memories he carries from his years in the judiciary and said, "I am overwhelmed." "I carry with me a lot of memories. Memories that are very nice and will remain with me throughout my life," he said. Emphasising the role of the bar and the bench in earning public trust, he shared, "The judiciary is not just judges; it includes the bar. You are the conscious keepers of the system." CJI Khanna lauded the collegiality among judges from diverse regions and backgrounds, saying such diversity allowed for richer deliberations and more nuanced decisions. "Another thing is the biggest plus factor in this court. We have judges from different parts of the country, and they with different thought processes, different backgrounds, they are able to when we discuss, we are able to find a lot of solutions. We were able to find out the right path," he said. Justice Gavai, who would assume the CJI office on May 14, said Justice Khanna "embraced his legacy" and built his own. He called it not a farewell but a transition and said, "What ends today is not a career, but the beginning of another." Justice Gavai acknowledged the weight of legacy Justice Khanna bore as the nephew of Justice H R Khanna, the lone dissenter in the 1976 ADM Jabalpur case who stood for constitutional rights during the emergency. "To walk in the shadow of such a name is no small task," he said, "but Justice Sanjiv Khanna did more than uphold that legacy he made it his own." Justice Gavai praised his predecessor for his clarity, moral conviction, and commitment to fundamental rights, describing his judgments as "simple, elegant, and imbued with constitutional values". He also recalled their collegial relationship, noting their shared journey from elevation to the Supreme Court to collegium deliberations. "It has been a privilege," he said, "and I extend my heartfelt gratitude." Justice Sanjay Kumar, who sat alongside the CJI for over 10 months, reflected candid and heartfelt insights into Justice Khanna's working style. "He doesn't make notes. Everything: page numbers, paragraph numbers, contents come from memory," he said. Highlighting the outgoing CJI's calm and patient demeanor with lawyers, Justice Kumar said, "Even when advocates came unprepared, he never lost his temper. Instead, he gently urged them to come prepared next time." The judge was all praises for Justice Khanna's "single-minded focus and clarity of thought". "He approached every problem, whether judicial or administrative, with sincere intent and relentless commitment," he said. Justice Kumar added, "Sitting with him, I learned that I also had to inculcate pragmatism into that perspective." Recalling one such occasion, the judge said a case he had to author would have otherwise remained pending if not for Justice Khanna's words of wisdom. "I would have perhaps kept it pending. This was a procedural matter, and I was to write the judgment. When I discussed it with him, he pointed out that if I kept it pending, cases all over the country would just pile up, and that was not a good situation," he said. When it came to the bar, Attorney General R Venkataramani said CJI Khanna added "immense value" to the court. "Your lordship leaves a void not easily filled. Like a river flowing quietly, you accomplished much with grace," he said. The judgments, the CJI penned, were stated to carry "impeccable logic, simplicity, and elegance". He underscored Justice Khanna's firm commitment to liberty, fairness, and institutional integrity aside from the values he upheld without personal bias, whether in procedural justice or constitutional interpretation. Solicitor General Tushar Mehta commended the CJI's legal acumen and clarity in judgment. "Even if litigants lost, we lawyers felt enriched. We always left with a new insight," he said, "as your verdicts were crisp, clear, and always enlightening." He praised Justice Khanna's ability to maintain the distinction between legal judgment and academic treatise, consistently delivering concise and impactful rulings. The Supreme Court Bar Association president and senior lawyer Kapil Sibal apart from other bar members and lawyers showered praises on the outgoing CJI. A lawyer said the week saw country's two greats hang their boots, one of whom was the CJI and the other cricketer Virat Kohli. "You are the streak across the sky that is never forgotten," Sibal said. Sibal called Justice Khanna "a beacon of light" who elevated the stature of the court. Saying he symbolised the best in a judge, Sibal went on, "Your intuitive sense of justice, your transparency, and your encouragement to young lawyers will not be forgotten. You've set a standard for generations to come." Reflecting on Justice H R Khanna's historic dissent in the ADM Jabalpur case, Sibal drew a parallel and said, "Today, that dissent echoes louder than the forgotten majority. And you, Justice Khanna, have carried that flame forward." "You may be retiring from the bench," said another senior lawyer, "but your service to the Constitution is far from over." Justice Khanna was elevated as the 51st Chief Justice of India on November 11, 2024, and demitted office on May 13, 2025. His tenure, though brief, was marked by landmark decisions, transparency initiatives, and a steadfast commitment to judicial accountability and constitutional morality.
The Hindu
13-05-2025
- Politics
- The Hindu
‘Overwhelmed, successor Justice Gavai will uphold Supreme Court's values': CJI Sanjiv Khanna demits office
Overwhelmed by the rich accolades on his last day at the Supreme Court, Chief Justice of India Sanjiv Khanna on Tuesday (May 13, 2025) said he was certain his successor CJI-designate Justice B.R. Gavai would uphold values of the Supreme Court, fundamental rights and the basic constitutional doctrines. The ceremonial Bench comprised the outgoing CJI, Justice Gavai, and Justice Sanjay Kumar, showcasing a rare moment of reflection, celebration, and reverence, not just for Justice Khanna's contributions, but the legacy of his uncle, former Supreme Court judge Justice H.R. Khanna, he took forward. The CJI called Justice Gavai his "biggest support" while expressing confidence in the latter's leadership and commitment to constitutional values. 'What to say about justice and CJI designate B.R. Gavai, we got elevated the same year. Here we are in the collegium, and thereafter, we have interacted on several occasions. And I must say, he has been my biggest support. And I am sure that you have in Justice Gavai an excellent chief justice who's going to uphold the institution and who's going to uphold the fundamental rights who's going to uphold our basic doctrines which we have adopted and applied,' he said. Also Read | No compromise if somebody hurts dignity of court, says Justice Gavai In his parting remarks, Justice Khanna expressed gratitude, reflecting on the memories he carries from his years in the judiciary and said, 'I am overwhelmed.' 'I carry with me a lot of memories. Memories that are very nice and will remain with me throughout my life,' he said. Emphasising the role of the bar and the bench in earning public trust, he shared, 'The judiciary is not just judges; it includes the bar. You are the conscious keepers of the system.' CJI Khanna lauded the collegiality among judges from diverse regions and backgrounds, saying such diversity allowed for richer deliberations and more nuanced decisions. 'Another thing is the biggest plus factor in this court. We have judges from different parts of the country, and they with different thought processes, different backgrounds, they are able to when we discuss, we are able to find a lot of solutions. We were able to find out the right path,' he said. Justice Gavai, who would assume the CJI office on May 14, said Justice Khanna "embraced his legacy" and built his own. PROFILES | B.R. Gavai | A firm hand He called it not a farewell but a transition and said, "What ends today is not a career, but the beginning of another." Justice Gavai acknowledged the weight of legacy Justice Khanna bore as the nephew of Justice H.R. Khanna, the lone dissenter in the 1976 ADM Jabalpur case who stood for constitutional rights during the emergency. 'To walk in the shadow of such a name is no small task,' he said, 'but Justice Sanjiv Khanna did more than uphold that legacy he made it his own.' Justice Gavai praised his predecessor for his clarity, moral conviction, and commitment to fundamental rights, describing his judgments as 'simple, elegant, and imbued with constitutional values'. He also recalled their collegial relationship, noting their shared journey from elevation to the Supreme Court to collegium deliberations. 'It has been a privilege,' he said, 'and I extend my heartfelt gratitude.' Justice Sanjay Kumar, who sat alongside the CJI for over 10 months, reflected candid and heartfelt insights into Justice Khanna's working style. 'He doesn't make notes. Everything: page numbers, paragraph numbers, contents come from memory,' he said. Highlighting the outgoing CJI's calm and patient demeanour with lawyers, Justice Kumar said, 'Even when advocates came unprepared, he never lost his temper. Instead, he gently urged them to come prepared next time.' The judge was all praises for Justice Khanna's 'single-minded focus and clarity of thought'. 'He approached every problem, whether judicial or administrative, with sincere intent and relentless commitment,' he said. Justice Kumar added, 'Sitting with him, I learned that I also had to inculcate pragmatism into that perspective.' Recalling one such occasion, the judge said a case he had to author would have otherwise remained pending if not for Justice Khanna's words of wisdom. 'I would have perhaps kept it pending. This was a procedural matter, and I was to write the judgment. When I discussed it with him, he pointed out that if I kept it pending, cases all over the country would just pile up, and that was not a good situation,' he said. When it came to the bar, Attorney General R. Venkataramani said CJI Khanna added "immense value" to the court. 'Your lordship leaves a void not easily filled. Like a river flowing quietly, you accomplished much with grace,' he said. The judgments the CJI penned were stated to carry "impeccable logic, simplicity, and elegance". He underscored Justice Khanna's firm commitment to liberty, fairness, and institutional integrity aside from the values he upheld without personal bias, whether in procedural justice or constitutional interpretation. Solicitor General Tushar Mehta commended the CJI's legal acumen and clarity in judgment. 'Even if litigants lost, we lawyers felt enriched. We always left with a new insight,' he said, 'as your verdicts were crisp, clear, and always enlightening.' He praised Justice Khanna's ability to maintain the distinction between legal judgment and academic treatise, consistently delivering concise and impactful rulings. The Supreme Court Bar Association president and senior lawyer Kapil Sibal apart from other bar members and lawyers showered praises on the outgoing CJI. A lawyer said the week saw country's two greats hang their boots, one of whom was the CJI and the other cricketer Virat Kohli. "You are the streak across the sky that is never forgotten," Mr. Sibal said. Mr. Sibal called Justice Khanna "a beacon of light" who elevated the stature of the court. Saying he symbolised the best in a judge, Mr. Sibal went on, 'Your intuitive sense of justice, your transparency, and your encouragement to young lawyers will not be forgotten. You've set a standard for generations to come.' Reflecting on Justice H.R. Khanna's historic dissent in the ADM Jabalpur case, Mr. Sibal drew a parallel and said, 'Today, that dissent echoes louder than the forgotten majority. And you, Justice Khanna, have carried that flame forward.' 'You may be retiring from the bench,' said another senior lawyer, 'but your service to the Constitution is far from over.' Justice Khanna was elevated as the 51st Chief Justice of India on November 11, 2024, and demitted office on May 13, 2025. His tenure, though brief, was marked by landmark decisions, transparency initiatives, and a steadfast commitment to judicial accountability and constitutional morality.
