| Name(s) |
HANS RAJ KHANNA |
| Date of
Birth |
July 03, 1912 |
| Date of
death |
February 25, 2008 |
|
Identity |
A legendary judge
of the Supreme Court of India (1971–1977). |
|
Other Events &
Developments |
- Two of his judgements form the
basis of modern constitutional law.
- In the Habeas Corpus case during
the Indian Emergency, four other
judges agreed with the government
view that even fundamental rights
like the right to life stood
abrogated during Emergency.
Khanna's dissenting opinion,
claiming that the
Constitution did not permit right to
life and liberty to be subject to
executive decree,
is widely regarded as a landmark in
Indian democracy.
- On 24 April 1973,
six out of 13 judges held that
Parliament's power to amend the
Constitution was limited.
Six other judges in the case were of
the view that Parliament's power was
unrestricted.
Justice
Khanna's judgement held
that, although the Constitution is
amenable to amendments, changes that
ultra vires, tinker with its basic
structure cannot be made by
Parliament, that is – certain parts
of the constitution were "basic" and
could not be amended.
However, he also said the
right to amendment was fundamental –
as he explained, "if no provision
were made for amendment of the
Constitution, the people would have
recourse to extra-constitutional
methods like revolution".
- On 3 January 1977,
after delivering the Habeas Corpus
judgement, he was superseded
for the post of Chief Justice by
Indira Gandhi, despite
being the senior-most judge in the
Supreme Court and as a result of
this, he resigned
from the court.
- He later served as Law
Minister of India in 1979,
and was a combined
opposition-sponsored candidate for
election as President in 1982 though
he lost the election to Zail
Singh.
|
| Awards
and Accolades |
- Padma Vibhushan,
in 1999.
- Honorary Doctor of Law
degrees by numerous
universities.
- On the occasion of his 90th
birthday, the Supreme Court Bar
Association presented him with a
plaque conferring upon him the title
of "Living Legend of Law".
|
|
