In this article, she analyzes the A. Jabalpur v. Shivkant Shukla. Introduction- Emergency On June 25, , the President, in the exercise of the powers conferred by paragraph 2 of Article of the Constitution, declared that there is a serious emergency for which Indian security is threatened by internal disturbances. On June 27, , in the exercise of the powers conferred by Clause 1 of Article of the Indian Constitution , the President declared that the right of any person including a foreigner to approach a court for the application of his rights conferred by Articles 14 , 21 and
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Shivkant Shukla 2 SCC Introduction This case is often referred to as the black spot on the Indian Judiciary because this judgment had far-reaching consequences on the life and liberty of a citizen of India.
The consequences were such that even today the horrors of the turbulent times of India get reflected whenever a reference is made to this particular case. During the s when the emergency was imposed all the institutions of the country were highly politicized and polarised and even the Supreme Court of India was not left untouched from the same.
Desperate to keep the post of Prime Minister, she requested the then President of India to impose emergency in the country. As a result, an emergency was imposed on Several people were unlawfully jailed, detained and put behind bars who opposed the moves of the Prime Minister.
As a result, several people moved the High Courts under the provisions of Article of the Constitution of India to secure the liberty of their loved ones by way of using the Writ of Habeas Corpus which provides relief when someone is unlawfully detained.
The High Courts gave relief to such individuals and set them free. However, this was not liked by the ruling leaders and the State filed petitions in the Supreme Court challenging the orders of the High Courts whereby individuals were set free.
Issues The main issue before the Court was that when an emergency was imposed under the provisions of the constitution and when the A. Petitioners Arguments- It was argued by the State that the main aim of the provisions of emergency was that they vest special powers in the executive to hold complete control over the law and order of the country since an emergency situation is of extreme importance when the situation is delicate.
It was further argued that when a person had been detained it could not be challenged that the order of detention was wrong and that there were no strong reasons to detain a person. When an emergency is announced a person forfeits A. A presidential order under A. Respondents Arguments The respondents argued that the object of A. The article prohibits moving to the Supreme Court for enforcing certain rights but there was no prohibition on moving to the High Court under A for enforcing statutory rights of personal liberty.
It was also contended that the presidential order was against the principle of natural law and other underlying fundamental principles of law. When there was a law which regulated preventive detention then the same must conform to the conditions set out by the law. It was also contended that Article 21 was not the sole holder of the right to life and personal liberty.
There were rights which were not fundamental rights but statutory or natural rights. These rights were not affected by the Presidential Order and could not be taken away. It was further argued that where the state had made a law for making detentions then the detentions should be within the confines and conditions of the statute.
If the conditions were not met then the detention would go beyond the power of the state. Judgment- This case was heard by five judges of the Supreme Court of India.
Four of the five judges ruled in favor of the state and held that during an emergency the fundamental rights were not available to a citizen. All rights will be extinguished in light of the presidential order. It was further held that an individual would not have the option of moving the High Court for a writ of Habeas Corpus if the Presidential Order said so and all the proceedings in the court will remain suspended till the duration of the emergency.
One judge J H. Khanna, however, gave a dissenting judgment i. It paved way for the future development of the Law. He held that during an emergency under A. He was of the view that A. Even if it is taken away the right to life and personal liberty are the basic tenets of a society. The State cannot deprive a person of his life and personal liberty without the authority of law.
A.D.M. Jabalpur v. Shivkant Shukla: All you need to know
Shivkant Shukla 2 SCC Introduction This case is often referred to as the black spot on the Indian Judiciary because this judgment had far-reaching consequences on the life and liberty of a citizen of India. The consequences were such that even today the horrors of the turbulent times of India get reflected whenever a reference is made to this particular case. During the s when the emergency was imposed all the institutions of the country were highly politicized and polarised and even the Supreme Court of India was not left untouched from the same. Desperate to keep the post of Prime Minister, she requested the then President of India to impose emergency in the country. As a result, an emergency was imposed on Several people were unlawfully jailed, detained and put behind bars who opposed the moves of the Prime Minister.
ADM Jabalpur vs Shivkant Shukla (1976) 2 SCC 521 – Case Summary
After completing his schooling from D. After completing his graduation in law, he practised law primarily in Amritsar, dealing mainly with civil cases and soon gathered a large practice which he maintained till his elevation to the bench in This was "an uncommon appointment On the formation of the Delhi High Court , he joined the bench as one of its first judges.
Hans Raj Khanna
Ray, and Justices H. Khanna, M. Hameedullah Beg, Y. Chandrachud and P. Bhagwati delivered its judgment in the Additional District Magistrate,
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