description H.R. Khanna Overview
H.R. Khanna served on the Supreme Court of India from 1971 to 1977. He is chiefly remembered for his dissent in the 1976 ADM Jabalpur case during India's Emergency, when the Court considered whether people could seek judicial relief against detention despite the suspension of relevant constitutional remedies. Khanna rejected the majority's position and defended the protection of personal liberty against unchecked government power.
His dissent did not determine the outcome of that case, but it became an enduring reference point in discussions of judicial independence and civil liberties. The distinction matters: his influence rests on the legal and moral force of a minority opinion rather than a binding precedent established at the time. His work is relevant to lawyers, scholars and readers studying constitutional rights under exceptional government powers.
help H.R. Khanna FAQ
What was Justice H.R. Khanna's role in the famous ADM Jabalpur case of 1976?
Justice H.R. Khanna was the lone dissenting judge in the *Additional District Magistrate, Jabalpur v. Shivkant Shukla* (ADM Jabalpur) case during the 1975-1977 Indian Emergency. He ruled that the right to life and liberty could not be suspended even during a national emergency, directly opposing the government's stance. His dissent famously cost him the position of Chief Justice of India.
Did Justice H.R. Khanna ever become the Chief Justice of India?
Despite being the senior-most judge on the Supreme Court of India in 1977, H.R. Khanna was bypassed for the position of Chief Justice by Prime Minister Indira Gandhi. In direct retaliation for his dissenting judgment in the ADM Jabalpur case, Justice M.H. Beg was appointed instead. Khanna immediately resigned from the bench following this unprecedented supersession.
What did H.R. Khanna write regarding the basic structure doctrine?
In the landmark *Kesavananda Bharati v. State of Kerala* case in 1973, Justice H.R. Khanna articulated the "basic structure doctrine" of the Indian Constitution. He ruled that while Parliament had wide powers to amend the Constitution, it could not alter its fundamental framework or essential features. This doctrine continues to be the bedrock of Indian constitutional law today.
How is Justice Khanna remembered in Indian legal history?
Justice H.R. Khanna is widely celebrated as a martyr for judicial independence and the rule of law in India. He famously wrote in his autobiography, *Neither Roses Nor Thorns*, that his dissent in the ADM Jabalpur case was a matter of his conscience. The New York Times editorialized that his stance demonstrated that a single judge could stand against the power of the state.
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